Employment Discrimination Outlawed if Based on a Criminal Record Irrelevant to the Work in Question
The Mauritian Equal Opportunities Act, 2008 (the “Act”) prohibits and sanctions discrimination in employment on the basis of a person’s status. Status encompasses age, ethnic origin, race, sex and sexual orientation, among others. The Act has recently been amended to prohibit discrimination in employment on the grounds of a person’s criminal record, both at recruitment and promotion level, where a person’s criminal record is not relevant to the nature of his or her employment. Prior to the amendment of the Act, conviction-based discrimination was neither prohibited nor sanctioned in Mauritius. The prevailing practice in the Mauritian labour market was therefore not to employ prospective employees or promote employees with criminal records.
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