Anti-discrimination legislation in the Caribbean: is everyone protected?

• Published date: 16 September 2019
• Pages: 779-792
• DOI: https://doi.org/10.1108/EDI-11-2017-0238
• Date: 16 September 2019
• Author: Jacqueline Stephenson,Natalie Persadie
• Subject Matter: Hr & organizational behaviour,Employment law

Anti-discrimination legislation

in the Caribbean: is

everyone protected?

Jacqueline Stephenson

Department of Management Studies,

University of The West Indies,

St Augustine, Trinidad and Tobago, and

Natalie Persadie

Department of Design and Manufacturing Engineering,

University of Trinidad and Tobago, San Fernando, Trinidad and Tobago

Abstract

Purpose –The purpose of this paper is to examine employment discrimination in the English-speaking

Caribbean by analysing evidence from jurisdictions where anti-discrimination legislation has been enacted

(namely Guyana, St Lucia and Trinidad and Tobago (T&T)).

Design/methodology/approach –This paper reviews existing anti-discrimination legislation in the three

named countries, along with available court and tribunal decisions, with a view of determining whether the

protections reasonably cover all minority groups.

Findings –It has been shown that, despite the existence of anti-discrimination law in T&T, St Lucia and

Guyana, discrimination is still reported. T&T is the only jurisdiction with a functioning Equality Opportunity

Commission and Tribunal, and where a wide range of cases has been adjudicated, relative to

St Lucia and Guyana.

Research limitations/implications –Legislators and policy makers may wish to consider the findings of

this research in making legislative amendments or enacting new laws, with a view to broadening the range of

protections. Organisational practitioners may use the findings to assist them with interpreting the law (and

their responsibilities to protected groups) and its intended impact on HR practice and, where necessary, make

changes where current practices are incongruent with the legislation.

Practical implications –Legislators and policy makers may consider the findings of this research in

making legislative amendments, with a view to broadening the range of protections. Organisational

practitioners may use the findings to assist them with interpreting and implementing the law.

Originality/value –This paper reviews current Caribbean anti-discrimination legislation and cases, which

to date has not been done. It highlights the omission of sexual orientation from legislation enacted across the

region. There is currently a paucity of research on employment discrimination within Caribbean territories

and specifically as it relates to the effect of applicable legislation. Consequently, this paper establishes a

benchmark for future researchers and it informs organisational and societal stakeholders as to what may

constitute prohibited practices.

Keywords Religion, Discrimination, Caribbean, Sex, Race, Anti-discrimination legislation

Paper type Research paper

Introduction

The focus of this paper will be equality and discrimination in employment within the

English-speaking Caribbean region. It has been suggested (Woodhams et al., 2015) that

continuous use of discriminatory practices could have a multiplier effect in many areas of

the economy and thus the wider society. This effect could be manifested in lack of economic

growth, reduced tax revenues and increase in public expenditure, for example, in relation to

increased income support required (McGuire and Robertson, 2007; Neumark, 2009). To this

end, discrimination has been examined previously from the perspective of economics

(Arrow, 1998; Baldwin and Johnson, 2000; Bunel et al., 2016; Neumark, 2018), but scholars

have also assessed the impact of anti-discrimination law on employers and their human

resource practices (Metcalf and Meadows, 2006, 2010; Parry and Tyson, 2009), whilst others

Equality, Diversity and Inclusion:

An International Journal

Vol. 38 No. 7, 2019

pp. 779-792

© Emerald PublishingLimited

2040-7149

DOI 10.1108/EDI-11-2017-0238

Received 1 November 2017

Revised 11 April 2018

7 December 2018

20 December 2018

Accepted 15 January 2019

The current issue and full text archive of this journal is available on Emerald Insight at:

www.emeraldinsight.com/2040-7149.htm

779

Anti-

discrimination

legislation