Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012normally occupied, by persons of the same sexand are not equipped with separate sleepingaccommodation and sanitary facilities forpersons of the opposite sex; and(ii) it is not reasonable to expect the employereither to equip those premises with suchaccommodation and facilities or to provideother premises for persons of the opposite sexor to work out a practicable solution or usage ofsuch facilities for members of both sexes;(e) the job requires a married couple; or(f) on the grounds of disability it is shown that—82. Special positive action(i) the disability in question was a relevantconsideration in relation to the particularrequirements of the employment concerned andthe performance of the job would not be able tobe carried out as a result of the disability; or(ii) special facilities or modifications, whetherphysical, administrative or otherwise, arerequired to be made at the work place toaccommodate the disabled person which theemployer cannot reasonably be expected toperform.Special measures taken by, or required of, employers ofa temporary nature to promote equality of opportunity inemployment based on the grounds set out in section 79shall not be deemed to be unlawful discrimination.83. Sexual harassment(1) Any act of sexual harassment against an employeecommitted by his or her employer, or an employee ofthat employer, shall constitute unlawful discriminationbased on sex within the meaning of section 80.(2) “Sexual harassment” means unwanted conduct of asexual nature in the workplace or in connection with the55