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Fiji
Equal Employment Opportunity

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. 

Table of Contents

Applicable Laws

The primary national law prohibiting employment discrimination and harassment on the basis of any protected characteristic is the Employment Relations Act 2007.

Protected Characteristics

Harassment or discrimination based on any characteristic set forth below is prohibited.

  • Race
  • Culture
  • Ethnic or social origin
  • Colour
  • Place of origin
  • Sex
  • Gender
  • Sexual orientation
  • Gender identity and expression
  • Birth
  • Primary language
  • Economic or social or health status
  • HIV/AIDS status
  • Disability
  • Age
  • Religion
  • Conscience
  • Marital status
  • Pregnancy


Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.

Definitions

Sexual harassment is defined as:

Any unwelcome sexual advance, request for sexual favor, or other verbal/physical conduct of a sexual nature that creates an intimidating, hostile, or humiliating environment.

It is possible for sexual harassment to occur in workplaces and work-related contexts. Sexual harassment may include single, non-repeated acts.

Filing a Claim

A claim for employment discrimination or harassment may be filed with the Ministry of Employment, Productivity and Workplace Relations or an Employment Relations Tribunal.

Potential Remedies

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.