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Equality For Men And Women (Amendment) Act (Act No. Iv Of 2009)

ACT No. IV of 2009

456.

An Act to amend the Equality for Men and Women Act, Cap.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

1. The short title of this Act is the Equality for Men and Women (Amendment) Act, 2009 and this Act shall be read and construed as one with the Equality for Men and Women Act, hereinafter referred to as “the principal Act”.

2. Article 2 of the principal Act shall be amended as follows:

(a) in the definition of “discrimination” in subarticle (1) thereof, for the words “has been or would be treated” there shall be substituted the words “is, has been or would be treated”.
(b) paragraph (d) of subarticle (3) thereof shall be deleted and substituted by the following:
“(d) any treatment based on a provision, criterion or practice which would put persons of one sex at a particular disadvantage compared with persons of the other sex unless that provision, criterion or practice is

Short title.

Amendment of article 2 of the principal Act.

A 196

Amendment of article 12 of the principal Act.

appropriate and necessary and can be justified by objective factors unrelated to sex.”; and
(c) immediately after subarticle (4) thereof there shall be inserted the following new subarticle:
“(4A) Indirect discrimination may be proved by any means of evidence including statistical evidence.”.

3. Subarticle (1) of article 12 of the principal Act shall be amended as follows:

(a) in paragraph (g) thereof, for the words “to carry out general investigations” there shall be substituted the words “to carry out general and independent investigations”;
(b) in paragraph (h) thereof, for the words “to investigate” there shall be substituted the words “to independently investigate”;
(c) in paragraph (i) of article 12 of the principal Act, after the words “make determinations” there shall be inserted the words “in an independent manner”; and
(d) in paragraph (j) thereof, for the words “provide assistance” there shall be substituted the words “provide independent assistance”.
Passed by the House of Representatives at Sitting No. 98 of 1st April, 2009.
Louis GaLEa

Speaker

PauLinE AbELa

Clerk to the House of Representatives