Information Pack for Households

What is Gender Equality?

Gender equality refers to that stage at which the rights, responsibilities and opportunities will not be determined by the fact of being born male or female.

Gender equality implies equal access to opportunities irrespective of one’s gender but focuses on the individual’s capabilities.

Unlike the sex of men or women that is biologically determined, the gender roles of women and men are socially constructed. 

Gender Equality is a Human Right belonging to every individual.

Gender equality emanates out of the advancement of human rights in the world.

Just like all human rights, gender equality must be protected and promoted.

What is Gender mainstreaming?

Gender mainstreaming is the process of integrating a gender perspective into all activities. 

The ultimate goal of gender mainstreaming is to achieve gender equality.

Your role in gender mainstreaming:

1. Be sensitive to the needs of both genders.
2. Value the capabilities of an individual irrespective of their gender.
3. Find out whether there is an equality policy in your work place.
4. Participate in initiatives that promote gender equality

Fair Treatment in Employment.

The Rights of the Worker

Many jobs are traditionally thought of as “male’s” or “female’s” work.  However, men and women have equal rights to employment and promotion opportunities.

Have you ever been discriminated against because of your gender? 

The answer is yes, if at the place of work, you have been refused an interview, job or promotion and you think this was mainly because:

• You are married or planning to get married
• You are pregnant
• You failed to fulfill a job requirement that put members of your sex at an obvious disadvantage.

Gender discrimination in employment is prohibited and constitutes an offence.  Discrimination can be both direct and indirect.  

Direct discrimination consists of less favourable treatment based on a person’s sex, for example treating men and women less favourably on the basis of parenthood or family responsibility.

Indirect discrimination implies any treatment based on a provision, criterion or practice that particularly disadvantages the members of one sex.  An example is that of training initiatives offered in the afternoon or in the evening.  This amounts to indirect discrimination since carers, who are very often female, would not be able to attend.

In such cases, indirect discrimination can occur without there actually being an intention to discriminate, however, this still amounts to discrimination.

Discriminatory Advertising

When advertising opportunities for employment or during recruitment, the vacancy should be available to both men and women and one may not subject any applicants or class of applicants for employment to unfair treatment.  An advertisement stating that a female receptionist is wanted is illegal.

This does not apply in those cases where employers prove that the work in connection with the situation advertised can only be performed by a person of a specific sex – this is however an exception that is also applied very restrictively.  For example a vacancy for a male actor is announced because the character to be played is male.

In addition one may not publish or display any advertisement or advertise a vacancy for employment that discriminates between job seekers or to request from job seekers any information concerning their private life or family plans. 

Work of Equal Value

Employees in the same class of employment are entitled to the same rate of remuneration for work of equal value.  For example a female architect and a male architect doing exactly the same job and having the same job description, must be paid equally.

If the claimant can show that their work is of equal value to that of another employee, and that an element of pay is less favourable, then it is up to the employer to prove that the variation is genuinely due to a material difference that is not the difference of sex. 

Sexual Harassment

Sexual Harassment is any unwelcome behaviour of a sexual nature.  Any of the following may amount to sexual harassment:

1. Indecent or suggestive remarks at the place of work
2. The display of pornography at the place of work
3. The circulation of any written words, pictures or other material, where the act, words or conduct is unwelcome to the persons to whom they are directed  (for example by email)
4. Inappropriate touching
5. Questions or comments about ones sex life
6. Demands for sexual favours
7. Any unwelcome behaviour of a sexual nature that creates an intimidating, hostile or humiliating working environment.

Prolonged harassment can lead to serious health problems, including depression.  Don’t put up with this type of behaviour. 

Any person found guilty of sexual harassment shall be liable on conviction to a fine not exceeding €2,329.37 (Lm 1,000) or to imprisonment for a period not exceeding 6 months, or to both such fine and imprisonment.

Advice and Assistance

Suggestions for Possible Action to be taken by the harassed Employee:

• Order the harasser to stop or
• Seek advice from the line manager or a person of trust or
• Refer the matter to the trade union or
• Refer the complaint to the National Commission for the Promotion of Equality or
• Refer the dispute to the Industrial Tribunal.

Suggestions for Possible Action to be taken by the Employer:

• Establish a sexual harassment policy at the workplace.
• Provide training initiatives to employees at all levels.
• Maintain the workplace free of sexual harassment.
• Discuss the issue with the parties.
• Speak to the harasser about his/her behaviour.
• Make sure that the victim does not suffer negative repercussions as a result of reporting the sexual harassment (victimisation).
• Contact the National Commission for the Promotion of Equality for advice.

All employers have a duty to protect their employees from sexual harassment.

What remedies do I have?

National Commission for the Promotion of Equality

The National Commission for the Promotion of Equality (NCPE) was set up in January 2004.  NCPE provides assistance and information to the general public regarding equality issues.

It also provides information about Maltese legislation regarding equality, gender equality issues, sexual harassment, employment, race, education, equal pay for work of equal value, women’s participation in politics, women in decision making levels.

The Commission works to ensure that Maltese society is a society free from any form of discrimination in all sectors and at all levels with respect to opportunities, services and benefit.
The Commission also has the powers to investigate complaints regarding discrimination on the grounds of racial and ethnic origin in the provision of goods and services. Anyone may initiate proceedings for redress with NCPE, should one believe that s/he has been subject to discrimination on these grounds with regard to the following areas:
(a) social protection, including social security and healthcare
(b) social advantages
(c) education
(d) access to and supply of goods and services which are available to the public, including housing
(e) access to any other service as may be designated by law for the purposes of this regulation.  

Anyone who believes that he/she has been a victim of gender discrimination may submit a complaint to NCPE by downloading and filling in the form that may be accessed from the website www.equality.gov.mt

The National Commission for the Promotion of Equality (NCPE) can act upon individual complaints made in writing, or if it has cognizance of a general nature of discrimination, it can initiate investigations.  NCPE ensures that each case presented for investigation is managed with confidentiality.  Every complaint is acknowledged in writing within 3 working days of its receipt at the office of NCPE.  Information may also be sought via the phone.

Any matter related to gender, family responsibilities and racial issues may be referred to the National Commission for the Promotion of Equality.  Issues related to race and employment should be referred to the Department of Employment and Industrial Relations or the Industrial Tribunal.

Industrial Tribunal

The Industrial Tribunal hears claims about matters on employment.  The Industrial Tribunal can consider and decide all cases of unfair dismissal and all cases related to:

• sexual harassment
• employment contracts;
• conditions of employment such as working hours and overtime;
• wages and other kinds of remuneration;
• cost of living increases;
• occupational health and safety;
• maternity leave, parental leave and leave for urgent family reasons;
• discrimination and gender equality; rights of employees to minimum information.

The Industrial Tribunal shall hear the complaint and carry out the necessary investigations.

This leaflet is one of the products that project ESF/No. 48 Affirming Gender Mainstreaming at a National Level is delivering

The National Commission for the Promotion of Equality (NCPE) is the project leader of this project.  This project is funded partially by EU Funds and co–financed by the Government of Malta.   The objectives of the project are to:

• Instill the principle of gender mainstreaming in all public and private organisational spheres of activity;
• Promote a culture of equality and non-discrimination at a national level;
• To eliminate the barriers that hinder female employment through discrimination.