Equal Treatment in Employment (Amendment) Regulations,

L.N. 53 of 2007

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Equal Treatment in Employment (Amendment) Regulations,

IN exercise of the powers conferred by articles 31 and 48 (2) of

the Employment and Industrial Relations Act, the Minister of Education,

Youth and Employment has made the following regulations –

The title of these regulations is the Equal Treatment in Title.

Employment (Amendment) Regulations, 2007 and they shall be read

and construed as one with the Equal Treatment in Employment

Regulations, 2004, hereinafter referred to as “the principal regulations”. L.N. 461 of 2004.

In regulation 3 (2) (b) (ii), reference to regulation 6 shall be Amends regulation

3 of the principal

substituted by reference to regulation 4A.

regulations.

Immediately after regulation 4 of the principal regulations, Adds new

regulation 4A to the

there shall be inserted the following new regulation>

principal

regulations.

Employers shall provide reasonable

“Reasonable

accommoda-

accommodation for persons with disabilities. In particular,

employers shall take appropriate measures to enable a person

with a disability to have access to, participate, or advance in

employment, or to undergo training unless such measures

would impose a disproportionate burden on the employer>

Provided that this burden is not disproportionate when it is

sufficiently remedied by measures existing within the framework of

the national disability policy.”.

4. Regulation 10 of the principal regulations shall be amended Amends regulation

10 of the principal

as follows>

regulations.

(a) for sub-regulation (1) thereof there shall be substituted

the following>

“(1) A person claiming to have been subjected to

discriminatory treatment, whether direct or indirect, in relation

to his employment in terms of these regulations may, within

four months of the alleged breach, refer the matter to the

Industrial Tribunal for redress as provided in article 30 of the

Act”< and

(b) for sub-regulation (3) thereof there shall be substituted

the following>

“(3) In any proceedings mentioned in sub-regulations

(1) and (2) of this regulation, where persons who consider

themselves wronged because the principle of equal treatment

has not been applied to them establish, before the Court or

Industrial Tribunal, facts from which it may be presumed that

there has been direct or indirect discrimination, it shall be for

the defendant to prove that there has been no breach of the

principle of equal treatment on the hearing of the complaint,

and the Court or Industrial Tribunal shall uphold the complaint

if the defendant does not prove that he did not commit that

unlawful act.”.

For regulation 11 of the principal regulations there shall be

substituted the following>

(1) Nothing shall prevent any association,

organization or other legal entity, having a legitimate interest

in ensuring that these regulations are complied with, to engage

itself either on behalf of or in support of the complainant,

with his or her approval, in any judicial or administrative

procedure which is provided for the enforcement of

obligations under these regulations.

(2) The provisions of sub-regulation (3) of

regulation 10 of these regulations shall apply to any

proceedings commenced in accordance with this regulation.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.08 (€0.19)