Malta
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Equality for Men and Women Act and
- The Equal Treatment of Persons Order, 2007 under the European Union Act.
Employers have an obligation, under the Occupational Health and Safety Act, to take measures necessary to protect employees’ psychological and physical safety. This obligation has been interpreted to require employers to prevent workplace bullying.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Malta.
- Sex/gender and family responsibilities
- Sexual orientation
- Age
- Religion or belief
- Racial or ethnic origin
- Gender identity, gender expression or sex characteristics
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment occurs when:
- a person:
- subjects others to an unwelcome act of physical intimacy, or
- makes unwelcome requests sexual favours from others; or
- subjects others to any unwelcome act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of any written words, pictures or other material,
- where the act, words or conduct could reasonably be regarded as offensive, humiliating or intimidating to those to whom they are directed;
- or those subjected to the act, words or conduct are treated less favourably by reason of their rejection of or submission to such subjection or request.
Depending on its severity, sexual harassment may constitute a criminal offense.
Filing a Claim in Malta
A claim for employment discrimination or harassment may be filed with the National Commission for the Promotion of Equality.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Malta, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.