LABOUR ACT [Chapter 28:01] (as amended) (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (4) Without prejudice to any other remedy that may be available to him in any competent court, any person who is aggrieved by any act or omission of an employer in contravention of subsection (1) shall be entitled to claim or apply under Part XII, as the case may be, for either or both of the following remedies— (a) damages from the employer for any loss caused directly or indirectly as a result of the contravention; (b) an order directing the employer to redress the contravention, including an order to employ any person, notwithstanding that the vacancy in question has already been filled and notwithstanding that the employer may be liable to any claim arising from the need to dismiss or terminate the services of any other employee who has been engaged. (5) Without prejudice to any other remedy that may be available to him in any competent court, any person who is aggrieved by any act or omission of any person in contravention of subsection (2) shall be entitled to claim or apply under Part XII, as the case may be, for either or both of the following remedies— (a) damages from such person for any loss caused either directly or indirectly as a result of the contravention; (b) an order directing such person to redress the contravention. (6) For the purposes of this section, a person shall be deemed to have discriminated if his act or omission causes or is likely to cause persons of a particular race, tribe, place of origin, political opinion, colour, creed or gender to be treated— (a) less favourably; or (b) more favourably; than persons of another race, tribe, place of origin, political opinion, colour, creed or gender, unless it is shown that such act or omission was not attributable wholly or mainly to the race, tribe, place of origin, political opinion, colour, creed or gender of the persons concerned. (6a) Where, notwithstanding that any act or omission referred to in subsection (6) is not attributable wholly or mainly to the race, tribe, place of origin, political opinion, colour creed or gender of a person, it is nevertheless shown that any act, practice or requirement by an employer causes persons of a particular description by race, tribe, place of origin, political opinion, colour, creed or gender to be treated less favourably than persons of any other such description, it shall be presumed, unless the act, practice or requirement concerned can be justified on any of the grounds specified in subsection (7), that such person was unlawfully discriminated against. (7) Notwithstanding subsections (1) and (2), no person shall be deemed to have discriminated against another person— Re-issue (a) on the grounds of gender or pregnancy where— (i) in accordance with this Act or any other law, he provides special conditions for female employees; or (ii) in accordance with this Act or any other law, or in the interests of decency or propriety, he distinguishes between employees of different genders; or (iii) it is shown that the act or omission concerned was done or omitted to be done, as the case may be, by or on behalf of a men’s or women’s or boys’ or girls’ organization in the bona fide pursuit of the lawful objects of such organization; (b) on the grounds of political opinion or creed where it is shown that the act or omission concerned was done or omitted to be done, as the case may be, by or on behalf of a political, cultural or religious organization in the bona-fide pursuit of the lawful objects of such organization; (c) on the grounds of race or gender if the act or omission complained of arises from the implementation by the employer of any employment policy or practice aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices; (d) if the act or omission complained of arises from the implementation by the employer of any employment policy or practice aimed at assisting disabled persons as defined in the Disabled Persons Act [Chapter 17:01]; (e) if any distinction, exclusion or preference in respect of a particular job is based on the narrowly defined inherent operational requirements, needs and necessities of that particular job. (8) It shall be no defence to a charge in respect of a contravention of subsection (1) or (2) to prove that— (a) the employee or prospective employee concerned was not in fact taken into employment by the employer concerned or that such employee would, in any case, not have been taken into such employment for any other lawful reason; or (b) the employee or prospective employee concerned has left or has not left the employment of the employer concerned; or (c) the employee or prospective employee concerned has subsequently been taken into employment by the employer concerned in circumstances showing that he has not been discriminated against; or (d) the employer concerned subsequently withdrew or did not fill the vacancy; or (e) the person charged is no longer committing any contravention of subsection (1) or (2); or (f) the employee or prospective employee concerned was party to the alleged contravention or did not complain about it; or (g) it was in the business interests of the person charged to commit the contravention; or - 10 - 1st May 2003-