Equal Opportunity
EQUAL OPPORTUNITY ACT
CHAPTER 22:03
L.R.O.
Act
69 of 2000
Amended by
5 of 2001
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–32 ..
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 22:03
EQUAL OPPORTUNITY ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Commencement.
3. Interpretation.
PART II
DISCRIMINATION TO WHICH THE ACT APPLIES
4. Application to discrimination limited.
5. Discrimination.
6. Discrimination by victimisation.
7. Offensive behaviour.
PART III
DISCRIMINATION IN EMPLOYMENT
8. Discrimination against applicants.
9. Discrimination against employees.
10. Vocational training.
11. Exception: Genuine occupational qualification.
12. Exception: Religious shop.
13. Exception: Domestic services and family business.
14. Exception: Inherent requirements, unjustifiable hardship, risk.
PART IV
DISCRIMINATION IN OTHER FIELDS
15. Education: Discrimination against applicants and students.
16. Exception: Single-sex educational establishments.
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17. Discrimination re: Provision of goods and services.
18. Discrimination re: Accommodation.
18A. Unjustifiable hardship.
PART V
NON-APPLICATION OF ACT
19. Sports.
20. Privileges in connection with pregnancy or childbirth.
21. Membership of a club.
22. Voluntary bodies.
23. Charities.
24. Insurance.
25. Exemption for religious bodies.
PART VI
THE EQUAL OPPORTUNITY COMMISSION
26. Establishment and composition of the Commission.
27. Functions of the Commission.
28. Tenure of Commissioners.
29. Officers and staff of the Commission.
PART VII
COMPLAINTS
30. Lodging a complaint.
31. Persons with a disability.
32. Investigation.
33. Notice.
34. No grounds for complaint.
35. Conciliation.
36. Failure to comply with conciliation notice.
37. Conciliation to be held in private.
38. Registration of conciliation agreement.
ARRANGEMENT OF SECTIONS—Continued
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39. Power of Commission to publish report and initiate proceedings
before Tribunal.
40. Non-admissibility of evidence in conciliation proceedings.
PART VIII
THE EQUAL OPPORTUNITY TRIBUNAL
41. Establishment and jurisdiction of Tribunal.
42. Appointments.
43. Conditions of service of Chairman and lay-assessors.
44. Procedure of Tribunal.
45. Other procedure.
46. Additional powers of Tribunal.
47. Conciliation.
48. Recovery of compensation, damages or fines.
49. Effective date of Order.
50. Appeal.
51. On whom order or award to be binding.
52. Rules of Court.
PART IX
GENERAL
53. Commission’s Report.
54. Report to be laid in Parliament.
55. Offence: Non-disclosure of information.
56. Conflict of interest.
57. Act binds the State.
SCHEDULE 1.
SCHEDULE 2.
SECTION
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CHAPTER 22:03
EQUAL OPPORTUNITY ACT
An Act to prohibit certain kinds of discrimination, to
promote equality of opportunity between persons of
different status, to establish an Equal Opportunity
Commission and an Equal Opportunity Tribunal and
for matters connected therewith.
[PART VI—20TH NOVEMBER, 2000.
PARTS I TO V AND VII TO IX—31ST JANUARY, 2001]
PART I
PRELIMINARY
1. This Act may be cited as the Equal Opportunity Act.
**2. (1) Parts I, II, III, IV and V of the Act came into
operation on the 31st January 2001.
(2) Part VI of the Act came into operation on 20th of
November 2000.
(3) Parts VII, VIII and IX of the Act came into operation
on the 31st of January 2001.
3. In this Act—
“Commission” means the Equal Opportunity Commission
established under section 26(1);
“Commissioner” means a person appointed under section 26(1);
“disability” means—
(a) total or partial loss of a bodily function;
(b) total or partial loss of a part of the body;
(c) malfunction of a part of the body including a
mental or psychological disease or disorder; or
(d) malformation or disfigurement of part of the
body;
69 of 2000.
Commencement.
[285/2000].
Short title.
Commencement.
[285/2000].
Interpretation.
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“employment” means employment under a contract of service
or apprenticeship or a contract personally to execute any
work or labour and includes the employment of an
independent contractor;
“ethnicity”, in relation to a group of people, means the origin,
characteristics, classification and distinctive cultural or
aesthetic traditions of that group of people;
“family” means parents, brothers, sisters and other lineal
antecedents and descendants, uncles, aunts and cousins;
“family business” means an enterprise owned or controlled by
the members of a family;
“man” means a male person of any age;
“marital status” means the status or condition of being—
(a) single;
(b) married;
(c) married but living separately and apart from
one’s spouse;
(d) divorced; or
(e) widowed;
“Minister” means the Minister to whom the responsibility for
equal opportunity is assigned;
“notice” means a notice in writing;
“place of public worship” means a church, mandir, temple,
mosque or other similar building or temporary structure in
which religious activities are conducted whether
permanently, intermittently or temporarily;
“race”, in relation to a person, means a group of persons of
common ethnic origin, colour or of mixed race;
“Registrar” means the Registrar of the Tribunal appointed under
section 41;
“relevant law” means any written law dealing with the subject
matter of discrimination;
“religious shop” means a commercial enterprise that trades
predominately in religious items;
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“sex” does not include sexual preference or orientation;
“State” includes—
(a) Government Ministries;
(b) Municipal Corporations;
(c) Statutory Authorities;
(d) Enterprises owned or controlled by or on behalf
of the State or which received funding from the
State of more than two thirds of its total income
in any one year;
(e) Service Commissions; and
(f) Tobago House of Assembly;
“status”, in relation to a person, means—
(a) the sex;
(b) the race;
(c) the ethnicity;
(d) the origin, including geographical origin;
(e) the religion;
(f) the marital status; or
(g) any disability of that person;
“Tribunal” means the Equal Opportunity Tribunal established
under section 41;
“woman” means a female person of any age.
PART II
DISCRIMINATION TO WHICH THE ACT APPLIES
4. This Act applies to—
(a) discrimination in relation to employment,
education, the provision of goods and services
and the provision of accommodation, if the
discrimination is—
(i) discrimination on the ground of status as
defined in section 5; or
(ii) discrimination by victimisation as defined
in section 6;
(b) offensive behaviour referred to in section 7.
Application to
discrimination
limited.
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5. For the purposes of this Act, a person (“the
discriminator”) discriminates against another person (“the
aggrieved person”) on the grounds of status if, by reason of—
(a) the status of the aggrieved person;
(b) a characteristic that appertains generally to
persons of the status of the aggrieved person; or
(c) a characteristic that is generally imputed to
persons of the status of the aggrieved person,
the discriminator treats the aggrieved person, in circumstances
that are the same or are not materially different, less favourably
than the discriminator treats another person of a different status.
6. (1) A person (“the discriminator”) discriminates by
victimisation against another person (“the person victimised”) in
any circumstances relevant for the purposes of any provision of
this Act if he treats the person victimised less favourably than in
those circumstances he treats or would treat other persons, and
does so by reason that the person victimised has—
(a) brought proceedings against the discriminator
or any other person under this Act, or any
relevant law;
(b) given evidence or information in connection
with proceedings brought by any person against
the discriminator or any other person under this
Act, or any relevant law;
(c) otherwise done anything under or by reference
to this Act, or any relevant law, in relation to the
discriminator or any other person; or
(d) alleged that the discriminator or any other
person has committed an act, which (whether or
not the allegation so states) would amount to a
contravention of this Act, or any relevant law,
or by reason that the discriminator knows the person victimised
intends to do any of those things referred to in paragraphs (a) to
(d), or suspects the person victimised has done, or intends to do,
any of them.
Discrimination.
Discrimination
by victimisation.
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(2) Subsection (1) does not apply to treatment of a
person by reason of any allegation made by him, if the allegation
was false and not made in good faith.
7. (1) A person shall not otherwise than in private, do any
act which—
(a) is reasonably likely, in all the circumstances, to
offend, insult, humiliate or intimidate another
person or a group of persons;
(b) is done because of the gender, race, ethnicity,
origin or religion of the other person or of some
or all of the persons in the group; and
(c) which is done with the intention of inciting
gender, racial or religious hatred.
(2) For the purposes of subsection (1), an act is taken not
to be done in private if it—
(a) causes words, sounds, images or writing to be
communicated to the public;
(b) is done in a public place;
(c) is done in the sight and hearing of persons who
are in a public place.
(3) This section does not apply to acts committed in a
place of public worship.
(4) In this section—
“public place” includes any place to which the public have access
as of right or by invitation, whether express or implied and
whether or not a charge is made for admission to the place.
PART III
DISCRIMINATION IN EMPLOYMENT
8. An employer or a prospective employer shall not
discriminate against a person—
(a) in the arrangements he makes for the purpose of
determining who should be offered
employment;
Offensive
behaviour.
Discrimination
against
applicants.
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(b) in the terms or conditions on which employment
is offered; or
(c) by refusing or deliberately omitting to offer
employment.
9. An employer shall not discriminate against a person
employed by him—
(a) in the terms or conditions of employment that
the employer affords the person;
(b) in the way the employer affords the person
access to opportunities for promotion, transfer
or training or to any other benefit, facility or
service associated with employment, or by
refusing or deliberately omitting to afford the
person access to them; or
(c) by dismissing the person or subjecting the
person to any other detriment.
10. A person shall not discriminate against another person
where that other person is seeking or undergoing training for
any employment—
(a) in the terms or conditions on which that other
person is afforded access to any training
course or other facilities concerned with such
training; or
(b) by terminating that other person’s training or
subjecting that other person to any detriment
during the course of training.
11. (1) Sections 8 to 9 shall not apply in respect of
discrimination on the grounds of sex in a case where being of a
particular sex is a genuine occupational qualification for
employment, promotion, transfer or training.
(2) Without limiting the generality of subsection (1),
being of a particular sex is a genuine occupational
qualification if—
(a) the duties relating to the employment can be
performed only by a person having physical
Discrimination
against
employees.
Vocational
training.
Exception:
Genuine
occupational
qualification.
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attributes (excluding physical strength or
stamina) which only a person of a particular sex
possesses;
(b) the duties relating to the employment or training
involve participation in a dramatic performance
or other entertainment in a capacity for which a
person of a particular sex is required for reasons
of authenticity;
(c) the duties relating to the employment or training
involve participation as an artist’s photographic
or exhibition model in the production of a work
of art, visual image or sequence of visual images
for which a person of a particular sex is required
for reasons of authenticity;
(d) the duties relating to the employment or training
need to be performed by a person of a particular
sex to preserve decency or privacy;
(e) the nature of the establishment, or the part of it
within which the work is done, requires the
employment to be held by a person of a
particular sex; or
(f) the person employed or being trained provides
or is to provide persons of a particular sex with
personal services concerning their welfare,
education or health or similar personal services,
and those services can most effectively be
provided by a person of that particular sex.
(3) Sections 8 to 10 shall not apply in a case where—
(a) the duties relating to the employment or training
involve participation in a dramatic performance
or other entertainment in a capacity for which a
person of a particular race is required for
reasons of authenticity;
(b) the duties relating to the employment or training
involve participation as an artist’s photographic
or exhibition model in the production of a work
or art, visual image or sequence of visual images
for which a person of a particular race is
required for reasons of authenticity.
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12. Sections 8 to 10 shall not apply in respect of
discrimination on the ground of religion in a case where being of
a particular religion is a necessary qualification for employment
in a religious shop.
13. (1) Sections 8 to 10 shall not apply to the employment
of not more than three persons in domestic or personal services
in or in relation to the home of the employer.
(2) Notwithstanding sections 8 to 10, a family business
may employ relatives in favour of non-relatives.
14. Sections 8 to 10 shall not apply to the employment of a
person with a disability if—
(a) taking into account the person’s past training,
qualifications and experience relevant to the
particular employment and, if the person is
already employed by the employer, the person’s
performance as an employee, and all other
relevant factors that it is reasonable to take into
account, the person because of disability—
(i) would be unable to carry out the
inherent requirements of the particular
employment; or
(ii) would, in order to carry out those
requirements, require services or facilities
that are not required by persons without a
disability and the provision of which
would impose an unjustifiable hardship
on the employer;
(b) because of the nature of the disability and the
environment in which the person works or is to
work or the nature of the work performed or to
be performed, there is or likely to be—
(i) a risk that the person will injure others,
and it is not reasonable in all the
circumstances to take that risk; or
Exception:
Religious shop.
Exception:
Domestic
services and
family business.
Exception:
Inherent
requirements,
unjustifiable
hardship, risk.
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(ii) a substantial risk that the person will
injure himself.
PART IV
DISCRIMINATION IN OTHER FIELDS
15. (1) Subject to any agreement or practice between the
State and any educational establishment, Board or other
institution, an educational establishment shall not discriminate
against a person—
(a) by refusing or failing to accept that person’s
application for admission as a student; or
(b) in the terms and conditions on which it admits
him as a student.
(2) An educational establishment shall not discriminate
against a student—
(a) by denying or limiting the student’s access to
any benefits, facilities or services provided by
the educational establishment; or
(b) by expelling the student or subjecting the
student to any other detriment.
16. Section 15 shall not apply to the non-admission of
students of a particular sex by an educational establishment
which admits students of one sex only or which would be taken
to admit students of one sex only if there were disregarded
students of the opposite sex—
(a) whose admission is exceptional; or
(b) whose numbers are comparatively small and
whose admission is confined to particular
courses of instruction or teaching classes.
17. (1) Any person concerned with the provision (whether
or not for payment) of goods, facilities and services to the public
or a section of the public shall not discriminate against a person
who seeks to obtain those goods, facilities and services—
(a) by refusing to supply the goods, provide the
facilities or perform the services;
Education:
Discrimination
against
applicants and
students.
Exception:
Single-sex
educational
establishments.
Discrimination
re:
Provision of
goods and
services.
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(b) in the terms on which he supplies the goods,
provides the facilities or performs the
services; or
(c) in the manner in which he supplies the goods,
provides the facilities or performs the services.
(2) The following are examples of the facilities and
services mentioned in subsection (1):
(a) access to and use of any place which members
of the public or a section of the public are
permitted to enter;
(b) accommodation in a hotel, guest house or other
similar establishment;
(c) facilities by way of banking or insurance or for
grants, loans, credit or finance;
(d) facilities for entertainment, recreation or
refreshment;
(e) facilities for transport or travel;
(f) the services of any profession or trade, or any
statutory authority or municipal authority.
(3) Nothing in this section applies to the provision of
services the nature of which is such that they can only be
provided to members of one sex.
18. (1) A person shall not discriminate against another
person—
(a) in the terms on which he offers the person
accommodation;
(b) by refusing an application of the other person
for accommodation; or
(c) by deferring an application for the other person,
or according him a lower order of precedence on
any list of applicants, for that accommodation.
(2) A person shall not discriminate against another
person for whom accommodation has been provided—
(a) by denying him access, or limiting his access, to
any benefit connected with the accommodation;
Discrimination
re:
Accommodation.
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(b) by evicting him, or subjecting him to any other
detriment.
(3) Nothing in this section applies to—
(a) the provision by a person of accommodation
in any premises if that person or a relative of
his resides, and intends to continue to reside,
on the premises;
(b) the provision by a person of accommodation
where the premises comprise not more than
three units available for lease;
(c) the accommodation in any hostel or other
similar institution established wholly for the
welfare of the person of a particular status;
(d) accommodation provided by a religious
body; and
(e) shared accommodation which for reasons of
privacy or decency or because of the nature
of the sanitary facilities should be used by
one sex only.
18A. (1) For the purposes of this Act, in determining what
constitutes unjustifiable hardship, all relevant circumstances of
the particular case are to be taken into account including:
(a) the nature of the benefit or detriment likely to
accrue or be suffered by any person concerned;
(b) the effect of the disability of a person
concerned; and
(c) the financial circumstances and the estimated
amount of expenditure required to be made by
the person claiming unjustifiable hardship.
(2) Section 15 does not render it unlawful to refuse or
fail to accept a person’s application for admission as a student
at an educational establishment where the person, if admissible
as a student, would require services or facilities that are not
required by students who do not have a disability and the
provision of which would impose unjustifiable hardship on the
educational establishment.
Unjustifiable
hardship.
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(3) Sections 17 and 18 do not render it unlawful to
discriminate against a person on the grounds of the person’s
disability if the provision of the goods or services, or making
facilities available, would impose unjustifiable hardship on the
person who provides the goods and services or makes the
facilities available.
PART V
NON-APPLICATION OF ACT
19. Nothing in this Act, shall, in relation to any sport, game
or other activity of a competitive nature where the physical
strength, stamina or physique of the average woman puts her at a
disadvantage to the average man, prohibit any act related to the
participation of a person as a competitor in events involving that
activity which are not confined to competitors of one sex.
20. It is not a contravention of this Act for a person to grant
to a woman rights or privileges in connection with pregnancy
or childbirth.
21. It is not a contravention of this Act for the membership
of a club to be available to persons of one sex only.
22. Where a body is established and its activities are carried
on otherwise than for profit, it is not a contravention of this Act
to restrict—
(a) the membership of that body; or
(b) the provision of benefits, facilities or services,
to a person of a particular sex or marital status.
23. This Act does not—
(a) affect a provision of a deed, will or other
instrument, whether made before or after the
commencement of this Act, that confers charitable
benefits or enables charitable benefits to be
conferred on persons of a particular status; or
(b) prohibit an act which is done in order to give
effect to such a provision.
Sports.
Privileges in
connection with
pregnancy or
childbirth.
Membership of
a club.
Voluntary
bodies.
Charities.
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24. Nothing in this Act prohibits the treatment of a person in
relation to an annuity, life insurance policy, accident insurance
policy, or similar matter involving the assessment of risk, where
the treatment—
(a) was affected by reference to actuarial or other
data from a source on which it was reasonable to
rely; and
(b) was reasonable having regard to the data and
any other relevant factors.
25. This Act shall not apply to—
(a) the ordination or appointment of priests,
ministers of religion or members of a religious
order;
(b) the training or education of persons seeking
ordination or appointment of priests, ministers
of religion or members of a religious order; or
(c) the employment of persons in any school,
college or institution under the direction or
control of such a body being employment of
persons in a manner that conforms with the
doctrines of that religion or is necessary to avoid
injury to the religious susceptibilities of the
adherents of that religion.
PART VI
THE EQUAL OPPORTUNITY COMMISSION
26. (1) There is established a body to be known as the Equal
Opportunity Commission (hereinafter referred to as “the
Commission”) which shall comprise five Commissioners
including a Chairman and a Vice-Chairman appointed by the
President after consultation with the Prime Minister and the
Leader of the Opposition.
(2) A Commissioner shall be a person with training and
experience in the field of the law, industrial relations, sociology
Insurance.
Exemption for
religious bodies.
Establishment
and composition
of the
Commission.
[5 of 2001].
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or administration and who has served in either of these fields for
a period of not less than ten years or who has served in a
combination of these fields for a period which in the aggregate is
not less than ten years.
(3) There shall be a panel of advisers to the Commission
comprising representatives of every principal religion in Trinidad
and Tobago.
(4) The Minister shall appoint the panel of advisers
referred to in subsection (3).
(5) The membership of the Commission shall reflect, as
far as possible, a balance of race and gender.
27. (1) The functions of the Commission are—
(a) to work towards the elimination of
discrimination;
(b) to promote equality of opportunity and good
relations between persons of different status
generally;
(c) to keep under review the working of this Act and
any relevant law and, when so required by the
Minister, or otherwise thinks it necessary, draw
up and submit to the Minister proposals for
amending them;
(d) to receive, investigate and, as far as possible,
conciliate allegations of discrimination;
(e) to develop, conduct and foster research and
educational programmes and other programmes
for the purpose of eliminating discrimination
and promoting equality of opportunity and good
relations between persons of different status;
(f) to prepare and to publish appropriate guidelines
for the avoidance of discrimination;
(g) to do any other thing conducive or incidental to
the carrying out of its functions.
(2) The Commission shall whenever considering a
complaint of discrimination on the grounds of religion consult
with and consider the opinions of the panel in making its decision.
Functions of the
Commission.
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28. (1) Subject to subsection (2), a Commissioner shall be
appointed for a period not exceeding three years, but is eligible
for reappointment.
(2) The appointment of a Commissioner shall be
terminated by the President after consultation with the Prime
Minister and Leader of the Opposition if—
(a) he becomes bankrupt;
(b) he is nominated, elected or appointed to any
other office of emolument;
(c) he is incapable, for whatever reason, of
performing his duties and functions under
this Act.
(3) A Commissioner may, by letter in writing addressed
to the President, resign from the office of Commissioner.
(4) A Commissioner shall, before entering upon the
duties of his office, take the oath or make the affirmation as set
out in Schedule 1.
(5) A Commissioner shall be paid such salary and other
allowances as may be recommended from time to time by the
Salaries Review Commission and approved by the Minister to
whom responsibility for finance is assigned.
29. The Commission may appoint such officers and other
staff to assist in the performance of its functions.
PART VII
COMPLAINTS
30. (1) A person who alleges that some other person has
discriminated against him or has contravened section 6 or 7 in
relation to him may lodge a written complaint with the
Commission setting out the details of the alleged act of
discrimination.
Tenure of
Commissioners.
Schedule 1.
Officers and
staff of the
Commission.
Lodging a
complaint.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Equal Opportunity Chap. 22:03 21
LAWS OF TRINIDAD AND TOBAGO
(2) A complaint under subsection (1) shall be lodged
with the Commission within six months from the date of the
alleged act of discrimination.
(3) Notwithstanding subsection (2), the Commission,
in exceptional circumstances, may accept a complaint which
is lodged more than six months after the date of the alleged
act of discrimination.
31. (1) A person who because of a disability is unable to
lodge a written complaint under this Act may authorise another
person to act on his behalf in relation to the complaint, and the
person so authorised shall have the same powers in relation to the
lodgement of the complaint as he would have if he were the
person on whose behalf he acts.
(2) An authority under subsection (1) may be given—
(a) in writing; or
(b) in such other manner as the Commission
approves.
32. The Commission shall investigate each complaint lodged
with it.
33. The Commission may by notice in writing—
(a) require any person to furnish such information
as may be described in the notice;
(b) specify the time within which the required
information is to be furnished; and
(c) require the person to attend at such time and
place specified in the notice and to give oral
evidence about and produce all documents in his
possession or control relating to, any matter
specified in the notice.
34. Where upon investigating a complaint the Commission
finds that there is no evidence of discrimination it shall inform
the complainant in writing and shall give its reasons therefor,
whereupon no further action shall be taken by the Commission.
Persons with a
disability.
Investigation.
Notice.
No grounds for
complaint.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
22 Chap. 22:03 Equal Opportunity
LAWS OF TRINIDAD AND TOBAGO
35. (1) Where the Commission finds that the subject matter
of the complaint may be resolved by conciliation, it shall make
all reasonable endeavours to resolve the matter in accordance
with subsection (2).
(2) The Commission may by notice require the
following person to attend the conciliation:
(a) the complainant;
(b) the person who is alleged to have committed the
act of discrimination which is the subject matter
of the complaint;
(c) any other person who—
(i) is likely to be able to provide information
relevant to the proceedings of the
conciliation; or
(ii) whose presence at the proceedings is
likely to assist in the settlement of the
matter,
and the Commission may in the said notice require any person so
invited to produce such documents at the conciliation as are
specified in the notice.
36. A person who, without reasonable excuse, refuses or fails
to comply with any requirement of a notice under sections 33 and
35(2), is liable on summary conviction—
(a) in the case of an individual, to a fine of one
thousand dollars;
(b) in the case of a body corporate, to a fine of five
thousand dollars,
for every day that the individual or body corporate refuses or fails
to comply with any requirement of a notice.
37. The conciliation shall be held in private and, subject to
this Act, shall be conducted in such manner as the Commission
thinks fit.
38. Where a complaint has been settled by conciliation, the
settlement shall be embodied in a written agreement and
Conciliation.
Failure to
comply with
conciliation
notice.
Conciliation to
be held in
private.
Registration of
conciliation
agreement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Equal Opportunity Chap. 22:03 23
LAWS OF TRINIDAD AND TOBAGO
registered with the Tribunal and, upon registration, the agreement
shall be deemed to be an order of the Tribunal.
39. (1) Where the Commission is of the opinion that the
subject matter of a complaint cannot be resolved by conciliation
or it has attempted to resolve the matter by conciliation but has
not been successful in that attempt, the Commission shall—
(a) prepare a report relating to the investigation
with its recommendations;
(b) send a copy of the report to the parties to the
complaint;
(c) publish the report; and
(d) make the report available for inspection by the
public.
(2) Where the subject matter referred to in
subsection (1) remains unresolved and the Commission has
fulfilled the requirements set out in subsection 1(a) to (d), the
Commission shall, with the consent and on behalf of the
complainant, initiate proceedings before the Tribunal.
40. Evidence of anything said or done in the course of
conciliation proceedings under this Part is not admissible in
proceedings before the Tribunal.
PART VIII
THE EQUAL OPPORTUNITY TRIBUNAL
41. (1) For the purposes of this Act, there is hereby
established an Equal Opportunity Tribunal (hereinafter referred
to as “the Tribunal”) which shall be a superior Court of record
and shall have in addition to the jurisdiction and powers
conferred on it by this Act all the powers inherent in such a Court.
(2) The Tribunal shall consist of a Judge of status equal
to that of a High Court Judge, who shall be the Chairman, and
two lay-assessors as may be appointed under or in pursuance of
section 42.
Power of
Commission to
publish report
and initiate
proceedings
before Tribunal.
Non-
admissibility of
evidence in
conciliation
proceedings.
Establishment
and jurisdiction
of Tribunal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
24 Chap. 22:03 Equal Opportunity
LAWS OF TRINIDAD AND TOBAGO
(3) The Tribunal shall have an official seal which shall
be judicially noticed in all Courts.
(4) The Tribunal shall have jurisdiction—
(a) to hear and determine complaints referred to it
by the Commission;
(b) to require persons to attend before it for the
purpose of giving evidence and producing
documents; and
(c) to make such declarations, orders and awards of
compensation as it thinks fit.
(5) There shall be appointed for the purpose of assisting
the Tribunal in the performance of its functions a Registrar and
such other officers and staff as the President thinks fit.
42. (1) The Chairman shall be appointed by the President
acting in accordance with the advice of the Judicial and Legal
Service Commission.
(2) Sections 104 to 107 of the Constitution shall apply to
the appointment of the Chairman.
(3) The lay-assessors shall be appointed by the President
from among such persons as appear to the President to be
qualified by virtue of their knowledge of or experience in law,
religion, race relation, gender affairs, employment issues,
education, culture, economics, social welfare or human rights and
who have served in either of those fields for a period of not less
than ten years or who has served in a combination of these fields
which in the aggregate is not less than ten years.
(4) The lay-assessors shall assist the Chairman in
arriving at a decision in proceedings before the Tribunal.
(5) The lay-assessors shall hold office for such term, not
less than three years, as may be determined by the President at
the time of their appointment, and are eligible for reappointment.
(6) Notwithstanding that his term of office has expired,
a lay-assessor may, with the permission of the President acting on
the advice of the Chairman, continue in office for such a period
Appointments.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Equal Opportunity Chap. 22:03 25
LAWS OF TRINIDAD AND TOBAGO
after the expiry of his term as may be necessary to do anything in
relation to the completion of proceedings that were commenced
before the Tribunal before his term of office expired.
(7) The President, on the recommendation of the
Chairman, may terminate the appointment of a lay-assessor if—
(a) he becomes bankrupt;
(b) he misbehaves in office;
(c) he is nominated, elected or appointed to any
other office of emolument;
(d) he is involved in a matter or interest which
appears to the Chairman to be incompatible with
the function of lay-assessors; or
(e) he is incapable, for whatever reason, of
performing his duties and functions under
this Act.
(8) Where a lay-assessor is ill, or otherwise unable to
act, or where his office is vacant, the President may appoint a
temporary member to act in the stead of such lay-assessor during
his illness, or incapacity, or until the office is filled, as the case
may be.
(9) No defect in the qualification or appointment of a
lay-assessor shall vitiate any proceedings thereof.
(10) A lay-assessor may, by instrument in writing
addressed to the President, resign from his office.
43. (1) There shall be paid to the Chairman the same salary
and allowances as a Judge of the High Court, and such other
allowances as the President may determine; and the said salary
and allowance shall be a charge on the Consolidated Fund.
(2) The conditions of service, other than the provisions
relating to pension, of a Judge of the High Court shall also apply
to the Chairman.
(3) Such other conditions of service shall be applicable
to the lay-assessors as may be prescribed by Order of the
President.
Conditions of
service of
Chairman and
lay-assessors.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
26 Chap. 22:03 Equal Opportunity
LAWS OF TRINIDAD AND TOBAGO
(4) A lay-assessor shall be paid such salary and other
allowances as may be recommended from time to time by the
Salaries Review Commission and approved by the Minister to
whom responsibility for finance is assigned.
(5) The salary, remuneration, allowances and the other
conditions of service of the Chairman and of the lay-assessors
shall not be altered to their disadvantage after their appointment
and during their tenure of office.
(6) The offices of Chairman and lay-assessor of the
Tribunal are pensionable offices for the purposes of the
Pensions Act.
(7) The lay-assessors shall, before entering upon the
duties of their office, take the oath or make the affirmation set out
in Schedule 2.
44. (1) The jurisdiction of the Tribunal and powers of the
Tribunal may be exercised by the Chairman and at least one
lay-assessor.
(2) The Chairman shall preside at all sittings of
the Tribunal.
(3) Unless rules made under this section otherwise
provide, fourteen clear days’ notice shall be given to the
complainant and to the respondent of the date fixed for the
hearing of a matter by the Tribunal.
(4) The complainant and the respondent may appear
before the Tribunal in person or by their Attorney-at-law.
(5) A summons signed by the Registrar of the Tribunal
shall have the same force and effect as any formal process
capable of being issued in any action taken in the High Court for
enforcing the attendance of witnesses and compelling the
production of documents.
(6) With the consent of the complainant and the
respondent the Tribunal may order that written submissions be
filed in addition to and in place of an oral hearing.
(7) The decision of the Tribunal in any proceedings shall
be made by the Chairman and shall be delivered by him.
Ch. 23:52.
Schedule 2.
Procedure of
Tribunal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Equal Opportunity Chap. 22:03 27
LAWS OF TRINIDAD AND TOBAGO
(8) The Tribunal may, subject to the approval of the
President, make Rules not inconsistent with this Act governing
the carrying on of the business of the Tribunal and the practice
and procedure in connection with appeals, including the
regulating of any matters relating to cost of proceedings before
the Tribunal; but no such Rule shall have effect until it has been
published in the Gazette.
(9) Where in any written law there is conferred on the
Tribunal jurisdiction which was previously exercised by
another Court, Tribunal, authority or person (hereinafter called
“the former Tribunal”), then, subject to any Rules made under
this section—
(a) the procedure which governed the exercise of
the jurisdiction by the former Tribunal shall
continue, mutatis mutandis, to govern such
exercise by the Tribunal;
(b) the decisions of the Tribunal in relation to such
exercise are enforceable in the same way as
those of the former Tribunal;
(c) the effect of things done in or for the purpose of
that jurisdiction by the former Tribunal is
preserved.
45. (1) The Tribunal, as respects the attendance and
examination of witnesses, the production and inspection of
documents, the enforcement of its orders, the entry on inspection
of the property, and other matters necessary or proper for the due
exercise of its jurisdiction, shall have all such powers, rights and
privileges as are vested in the High Court of Justice on the
occasion of an action.
(2) Where the Tribunal exercises its powers to summon a
person to give information under subsection (2), the Tribunal may
direct that all or any part of the proceedings in the matter before it,
as it may consider proper, be thereafter conducted in camera, and
in any such case it may enjoin the parties or any of them and any
member of the public and officers of the Tribunal from disclosing
any such information given in their presence and hearing.
Other
procedure.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
28 Chap. 22:03 Equal Opportunity
LAWS OF TRINIDAD AND TOBAGO
(3) A summons signed by the Registrar shall be
equivalent to any formal process issuable in any action taken in
the High Court of Justice for enforcing the attendance of
witnesses and compelling the production of documents.
(4) The Tribunal may require evidence or argument to
be presented in writing and may decide the matters upon which it
will hear oral evidence or argument.
46. In addition to the powers conferred on it under the
foregoing provisions of this Part, the Tribunal may—
(a) proceed to hear and determine a matter before it
in the absence of any party who has been duly
summoned to appear before the Tribunal and
has failed to do so;
(b) order any person—
(i) who in the opinion of the Tribunal may be
affected by an order or award; or
(ii) who in any other case the Tribunal
considers it just to be joined as a party,
to be joined as a party to the proceedings under
consideration on such terms and conditions as
may be prescribed by rules made by the
Tribunal;
(c) generally give all such directions and do all such
things as are necessary or expedient for the
expedient and just hearing and determination of
the complaint or any other matter before it.
47. In any matter before the Tribunal, the Chairman shall
make all such suggestions and do all such things as appear to be
right and proper for reconciling the parties.
48. (1) On the expiration of the time fixed for
compliance with an order or award for the payment of
compensation, damages or fines, the amount thereof shall
become due and payable and is recoverable in the manner
provided by this section.
Additional
powers of
Tribunal.
Conciliation.
Recovery of
compensation,
damages or
fines.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Equal Opportunity Chap. 22:03 29
LAWS OF TRINIDAD AND TOBAGO
(2) Compensation, damages or fines are, upon a certificate
issued by the Registrar stating that the amounts specified therein are
due and payable under an order or award of the Tribunal—
(a) recoverable summarily as a civil debt; or
(b) recoverable in the manner provided in
subsection (3),
by the person for whose benefit the order or award for such
compensation or damages was made or, in the case of an order for
a fine, by the Registrar and the certificate of the Registrar under this
subsection is conclusive evidence of the matters specified therein.
(3) Upon the filing of a certificate issued under
subsection (2) in the Registry of the High Court of Justice, the
order or award shall as from the date of filing be of the same force and
effect and proceedings may be taken thereon and the order or award
may be enforced as if it had been a judgment originally obtained or
entered upon the date of filing in the High Court of Justice.
(4) The High Court of Justice shall have the same
control and jurisdiction over the order or award as it has over the
judgments given by itself but in so far as it relates to execution.
(5) All costs and charges incurred under this section shall
be recoverable in like manner as if included in the certificate.
(6) All fines recoverable by the Registrar under this
section shall be paid into the Consolidated Fund.
49. An order or award in any matter referred to the Tribunal
for determination may be made operative from such date as the
Tribunal may consider fair and just having regard to all the
circumstances of the case.
50. (1) Subject to subsection (2), the hearing and
determination of any proceedings before the Tribunal, and an
order or award or any finding or decision of the Tribunal in any
matter (including an order or award)—
(a) shall not be challenged, appealed against,
reviewed, quashed or called in question in any
Court on any account whatever; and
Effective date of
Order.
Appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
30 Chap. 22:03 Equal Opportunity
LAWS OF TRINIDAD AND TOBAGO
(b) shall not be subject to prohibition, mandamus
or injunction in any Tribunal on any account
whatever.
(2) Subject to this Act, any party to a matter before the
Tribunal is entitled as of right to appeal to the Court of Appeal on
any of the following grounds, but no other:
(a) that the Tribunal has no jurisdiction in the
matter, but it shall not be competent for the
Court of Appeal to entertain such grounds of
appeal, unless objection to the jurisdiction of the
Tribunal has been formally taken at some time
during the progress of the matter before the
making of the order or award;
(b) that the Tribunal has exceeded its jurisdiction in
the matter;
(c) that the order or award has been obtained by
fraud;
(d) that any finding or decision of the Tribunal in
any matter is erroneous in point of law;
(e) that the Tribunal has erred on a question of fact
saved that no appeal shall lie except by leave of
the Court of Appeal sitting in full Court; or
(f) that some other specific illegality not mentioned
above, and substantially affecting the merits of
the matter, has been committed in the course of
the proceedings.
(3) On hearing of an appeal in any matter brought before
it under this Act, the Court of Appeal shall have power—
(a) if it appears to the Court of Appeal that a new
hearing should be held, to set aside the order or
award appealed against and order that a new
hearing be held; or
(b) to order a new hearing on any question without
interfering with the finding or decision upon any
other question,
and the Court of Appeal may make such final or other order as
the circumstances of the matter may require.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Equal Opportunity Chap. 22:03 31
LAWS OF TRINIDAD AND TOBAGO
(4) The Court of Appeal may in any matter brought on
appeal before it, dismiss the appeal if it considers that no
substantial miscarriage of justice has actually occurred although
it is of the opinion that any point raised in the appeal might have
been decided in favour of the appellant.
(5) A decision of the Court of Appeal in respect of an
appeal from an order or award of the Tribunal shall be final.
51. An order or award of the Tribunal shall be binding on—
(a) all parties who appear or are represented before
the Tribunal;
(b) all persons who have been summoned to appear
as parties, whether they have appeared or not.
52. The Rules Committee under the Supreme Court of
Judicature Act may, subject to provisions of this Act, make Rules
governing appeals to the Court of Appeal.
PART IX
GENERAL
53. The Commission shall within three months after the end
of each calendar year submit to the Minister a report of its
operations during that year.
54. The Minister shall cause the report of the Commission to
be laid in Parliament.
55. (1) It shall be an offence for any member of the
Commission, or the Tribunal, or the Registrar, or any member of
the staff assisting the Commission, or the Tribunal, either directly
or indirectly, except in the performance of a duty under this Act,
to make a record of, or divulge or communicate to any person,
any information concerning the affairs of any person acquired by
him by reason of his office or employment under this Act.
(2) A person who commits an offence under
subsection (1) is liable on summary conviction to a fine of five
thousand dollars.
On whom order
or award to be
binding.
Rules of Court.
Ch. 4:01.
Commission’s
Report.
Report to be
laid in
Parliament.
Offence: Non-
disclosure of
information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
32 Chap. 22:03 Equal Opportunity
LAWS OF TRINIDAD AND TOBAGO
56. (1) Where a member of the Commission or the Tribunal
has any actual or reasonably perceived interest in a complaint, he
shall disclose the nature of such interest at the first practicable
opportunity and shall not deal with the complaint.
(2) If a member of the Commission or the Tribunal has
dealt with a complaint before such interest has been identified or
disclosed, the investigation by the Commission or the
proceedings before the Tribunal, as the case may be, relating to
such complaint shall be null and void.
(3) Where a situation arises under subsection (2), the
Minister shall appoint a fit and suitable person to act for the
member of the Commission or the Tribunal, as the case may be,
to deal with the complaint de novo.
57. This Act binds the State.
SCHEDULE 1
Oath (or Affirmation) of Office for Commissioners
I, A. B., having been appointed as a Commissioner of the Equal Opportunity
Commission do swear by ................................ (solemnly affirm) that I
will bear true faith and allegiance to Trinidad and Tobago and will
uphold the Constitution and the law, and I will conscientiously,
impartially and to the best of my knowledge, judgment and ability
discharge the functions of my office and do right to all manner of people
after the laws and usages of Trinidad and Tobago without fear or favour,
affection or ill-will.
SCHEDULE 2
Oath (or Affirmation) of Office for Lay-assessors
of the Tribunal
I, A. B., having been appointed as a Lay-assessor of the Equal Opportunity
Tribunal do swear by ................................ (solemnly affirm) that I will
bear true faith and allegiance to Trinidad and Tobago and will uphold
the Constitution and the law, and I will conscientiously, impartially and
to the best of my knowledge, judgment and ability discharge the
functions of my office and do right to all manner of people after the
laws and usages of Trinidad and Tobago without fear or favour,
affection or ill-will.
Conflict of
interest.
Act binds the
State.
[Section 28(4)].
[Section 43(7)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
