Read and Comment on the Equality Bill 2026

(1) This Act may be cited as the Substantive Equality and Fair Opportunity Act 2026.

(2) It reforms and replaces the Equal Opportunities Act (Act 42 of 2008) subject to the savings and commencement provisions of this Act.

The objects of this Act are - (a) to secure the equal dignity and equal opportunity of all persons; (b) to prevent and remedy discrimination, harassment and victimisation; (c) to establish enforceable duties to identify and reduce structural barriers; (d) to permit targeted equality measures only where lawful, evidenced and proportionate; (e) to preserve fair competition, relevant qualifications and constitutional appointment powers; and (f) to foster harmonious relations in the plural society of Mauritius.

(1) In this Act - "Commission" means the Equal Opportunities Commission continued under this Act; "Tribunal" means the Equal Opportunities Tribunal continued under this Act; "public authority" includes the State, a Ministry, local authority, statutory body and any person exercising a public function; "employer" includes a public or private employer, employment agency, job contractor and principal where the context admits; "educational institution" includes any public or private school, technical or higher education provider and accredited training institution; "reasonable accommodation" means necessary and appropriate modifications in a particular case, not imposing a disproportionate or undue burden, to secure equal enjoyment of a right; "targeted equality measure" means a time-bound or otherwise reviewable measure authorised under Part VII; "protected status" has the meaning assigned by section 4; and "relevant statutory disability duty" means an obligation imposed by disability legislation in force at the material time.

(2) A reference to discrimination includes discrimination arising from a combination of protected characteristics, an imputed characteristic or association with a person having such a characteristic.

(3) In construing this Act, the courts and public authorities shall have due regard to the Constitution and Mauritius's binding international human-rights obligations, without treating an unincorporated treaty as directly overriding an Act of Parliament.

(1) Protected status means age, caste, colour, creed, ethnic origin, disability or impairment, marital or family status, pregnancy or maternity, place of origin, political opinion, race, sex, sexual orientation, or an irrelevant criminal record in the employment circumstances specified in this Act.

(2) Socioeconomic disadvantage, deprivation associated with locality, first-generation access to tertiary education, caring responsibilities and other evidenced barriers are relevant grounds for targeted assistance under Part VII but do not, by themselves, confer an automatic right to preferential appointment.

(3) No provision authorises compulsory registration by religion, caste or ethnicity, or a permanent entitlement to a public post on grounds of ancestry.

(1) This Act binds the State and applies to all public authorities, employers, institutions and persons within the jurisdiction of the Republic, including Rodrigues and the Outer Islands in accordance with the Constitution and applicable law.

(2) Subject to constitutional competence and autonomy, authorities in Rodrigues shall be consulted before regulations or programmes substantially affecting its devolved functions are introduced.

(3) Nothing in this Act derogates from the independent constitutional powers of the Public Service Commission, Disciplined Forces Service Commission, Judicial and Legal Service Commission or any other constitutionally established appointments body.

(1) This Act supplements, and does not diminish, rights under the Constitution, Workers' Rights Act, Employment Relations Act, Data Protection Act, applicable disability legislation, child-protection legislation and other protective enactments.

(2) A more protective provision of another enactment continues to apply; this Act shall not be construed to disapply an express statutory disability-employment duty or accessibility right.

(3) Where a matter falls under two regimes, the Commission and the other competent authority shall coordinate proceedings to avoid inconsistent orders, double compensation or unnecessary delay; no person shall be left without a remedy solely because responsibility is disputed.

(1) The administration of this Act shall be guided by equality before the law, substantive fairness, human dignity, individual merit, legal certainty, accessibility, necessity, proportionality, transparency, privacy and national cohesion.

(2) No inference of individual deficiency, unfitness or lower competence shall arise from eligibility for assistance.

(3) Any exception or departure from equal treatment shall be interpreted narrowly and must be justified by the person relying on it.

(1) Nothing in this Act authorises conduct prohibited by section 16 of the Constitution or restricts access to constitutional redress under section 17.

(2) Any provision that would require an amendment to the Constitution to authorise differential treatment on a protected ground shall not be commenced unless the necessary constitutional amendment has first come into operation.

(3) In the absence of such amendment, all otherwise lawful non-preferential assistance, reasonable accommodation, fair recruitment and anti-discrimination provisions may commence independently.

(1) A person shall not directly or indirectly discriminate, harass or victimise another person on a protected status in any field governed by this Act.

(2) A person shall not instruct, induce, procure, knowingly assist or retaliate in connection with conduct prohibited by subsection (1).

Direct discrimination occurs where, because of a protected status, a person is treated or would be treated less favourably than another in materially comparable circumstances, whether the protected status is actual, assumed, associated or one of several substantial reasons.

(1) Indirect discrimination occurs where a provision, criterion, practice, algorithm or requirement that appears neutral places persons sharing a protected status at a particular disadvantage and cannot be shown to be necessary and proportionate to a legitimate aim.

(2) The person maintaining the requirement bears the burden of establishing legitimate purpose, necessity and proportionality after the complainant establishes facts from which disproportionate disadvantage may reasonably be inferred.

(1) Protection includes discrimination resulting from more than one protected characteristic acting together.

(2) No person may avoid liability merely because the complainant does not actually possess an imputed characteristic or because the treatment is directed at association with a protected person.

A person shall not subject another person to detriment, threats, obstruction or adverse treatment for lodging or supporting a complaint, giving evidence, requesting accommodation, raising a concern in good faith, or exercising any right under this Act.

(1) Harassment includes unwanted conduct related to protected status that has the purpose or objectively foreseeable effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

(2) Context, repetition, the perspective of the affected person and the reasonable-person test shall be considered; serious single incidents may suffice.

(1) Sexual harassment includes an unwelcome sexual advance, request for sexual favour, sexual communication or other unwelcome conduct of a sexual nature in circumstances in which a reasonable person would anticipate humiliation, offence or intimidation.

(2) Sexual harassment is prohibited in employment, vocational training, education, the provision of services, accommodation, premises, sport, associations and professional licensing.

(3) A person commits an offence where he intentionally engages in sexual harassment in a field regulated by this Act and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and imprisonment for a term not exceeding 2 years; prosecution remains subject to the independent discretion of the Director of Public Prosecutions.

(1) Unfavourable treatment because of pregnancy, childbirth, maternity-related absence, breastfeeding or statutory parental entitlements is prohibited.

(2) A proportionate arrangement to assist parents or unpaid carers may be made without excluding similarly placed persons by irrelevant assumptions about sex or marital status.

(1) Failure to provide reasonable accommodation in a field regulated by this Act constitutes prohibited discrimination where the need has been made known, or was reasonably apparent, and the accommodation could be provided without disproportionate or undue burden.

(2) The burden shall be assessed having regard to cost, available resources, available public assistance, practicability, rights of others, safety and the effectiveness of alternative measures.

(3) A respondent relying on undue burden shall provide reasons and evidence; a refusal without individual assessment is not sufficient.

(1) A distinction is not unlawful solely because it is reasonably necessary for an inherent and objectively demonstrable requirement of a particular occupation, course, service or activity, provided it is proportionate.

(2) Genuine sex-specific privacy, religious ministry, legitimate sporting classification, actuarially justified insurance assessment and closely defined charitable purposes may be accommodated only to the extent permitted by the Constitution and by a transparent, narrowly tailored justification.

(3) A broad exemption based on custom, preference, stereotypes, membership rules or administrative convenience shall not suffice.

(1) A complainant shall establish primary facts from which discrimination could reasonably be inferred; the respondent shall then prove that prohibited conduct did not occur or that an applicable justification is established.

(2) Unexplained destruction of relevant records, refusal to disclose objective criteria or demonstrably inconsistent scoring may support an adverse inference, subject to privilege, proportionality and procedural fairness.

(1) A person using automated or assisted decision systems for employment, admission, credit or access to essential public services shall remain responsible for decisions and shall test for unjustified discriminatory outcomes.

(2) An affected person is entitled to intelligible reasons and meaningful human reconsideration of a materially adverse automated decision; trade-secret protection does not defeat the Tribunal's power to examine evidence under confidentiality safeguards.

(1) No employer or prospective employer shall discriminate in advertising, shortlisting, testing, interview arrangements, selection, contract terms or refusal of employment.

(2) Selection criteria shall relate to the work, be notified before assessment and be applied consistently; essential qualifications and lawful suitability requirements may be retained.

No employer shall discriminate in pay, conditions, safety, training, promotion, transfer, performance assessment, benefits, discipline, redeployment, redundancy or termination of employment.

(1) A criminal record shall not be used to deny recruitment or promotion unless relevant to the duties, applicable statutory restrictions and the legitimate safety or trust requirements of the particular position.

(2) The employer bears the burden of demonstrating relevance by reference to the nature, seriousness and recency of the offence, rehabilitation and available safeguards, consistently with the Certificate of Character Act 2026 and other applicable law.

(3) Nothing here requires appointment where a law disqualifies the applicant or legally required clearance is absent.

(1) A public employer and any prescribed large private employer shall publish the essential criteria, assess candidates against a recorded scoring framework and retain anonymised selection records for a prescribed, proportionate period.

(2) A rejected applicant who alleges discrimination may request a statement of selection criteria and anonymised comparative reasons, without disclosure of a successful applicant's identity or personal data.

(3) Failure to provide reasonable particulars within 30 days may be considered by the Commission or Tribunal.

An employment agency, job contractor or principal shall not discriminate in recruitment, referral, labour allocation or working conditions and shall be jointly responsible where it knowingly directs or substantially controls prohibited conduct.

A professional, statutory or regulatory body shall not discriminate in authorisation, registration, licensing, recognition of qualifications, renewal, discipline or withdrawal, subject to genuine competence and public-safety requirements.

No employer, education or training provider shall discriminate in access, conditions, continuation or completion of a course, apprenticeship, internship, placement or work-readiness programme.

(1) Every public employer and employer employing 35 or more persons shall adopt, consult on and implement a written equality and anti-harassment policy addressing recruitment, accommodations, grievance procedures, whistleblower protection and accessible communication.

(2) The Commission may issue model policies adapted for micro, small and medium enterprises.

(3) Non-compliance shall first attract a remedial compliance notice unless a deliberate or repeated breach causes serious harm.

(1) Prescribed public bodies and private employers employing 100 or more persons shall conduct an equality risk assessment at least every 3 years and publish a non-identifying summary and implementation plan.

(2) No employer shall be required to compile a compulsory communal headcount or publish identifiable employee characteristics; anonymous voluntary studies require data-protection safeguards.

(1) Existing enforceable disability hiring thresholds, reasonable accommodation, accessible recruitment and disability training obligations shall not be repealed, suspended or reduced by this Act.

(2) The Commission shall work through a written referral protocol with the competent disability authority to ensure that breaches are investigated and enforced, avoiding parallel penalties for the same breach.

(3) The applicable disability legislation and its commencement status shall be verified by the Attorney-General before any consequential amendment is brought into force.

(1) An employer shall not pay or otherwise reward a worker less favourably for equal work or work of equal value because of protected status, consistently with other applicable employment law.

(2) The Commission may refer wage assessment or occupational safety matters to the competent labour authority without depriving the worker of an equality remedy.

(1) A worker may seek assistance from a trade union, accredited representative or lawful legal adviser without retaliation.

(2) An employer shall make reasonable arrangements to protect confidentiality and prevent conflicts of interest when the alleged harasser is a senior officer.

Nothing empowers the Commission, Tribunal or Minister to select a particular candidate for a constitutional public office or to override constitutional appointment criteria; the Tribunal may order reconsideration by the competent appointing body according to lawful and transparent criteria.

(1) An educational institution shall not discriminate in admission, fees, scholarships, assessment, disciplinary rules, teaching, extracurricular activities, accommodation, certification or exclusion.

(2) Academic prerequisites may be enforced where objectively justified and reasonably accessible adjustments have been considered.

(1) Publicly funded education bodies shall establish reasonable accommodation pathways, accessible assessment formats and transparent review of refusals.

(2) Where an accommodation is requested, the institution shall give a reasoned answer within 30 days or sooner where an examination or admission deadline requires urgency.

(1) Publicly funded bursaries, scholarships and student assistance shall be allocated under published criteria reflecting achievement, demonstrable financial need and the purposes of the scheme.

(2) Criteria and appeal arrangements shall be published before applications open.

(3) The law does not prohibit proportionate programmes for learners from poor households, underserved schools or remote localities.

No provider of goods, banking, financial services, insurance, transport, communications, health services, entertainment, accommodation, utilities or public facilities shall discriminate in access, price, terms, treatment or discontinuation, subject to narrowly justified legal conditions.

(1) A public authority providing an essential digital service shall provide a reasonable accessible alternative for a person unable to use that channel because of disability or technological exclusion.

(2) Prescribed accessibility standards shall be phased in after publication, technical consultation and a realistic compliance period.

A landlord, accommodation provider, agent or person controlling residential or commercial accommodation shall not discriminate in advertising, application processing, rental, allocation, conditions, eviction or denial of facilities, subject to genuinely private shared-living and other narrow lawful exceptions.

No person shall discriminate in the sale, lease, assignment or transfer of immovable property; statutory land-allocation schemes must comply with the Constitution and publish objective eligibility criteria.

Companies, partnerships, sociétés, registered associations and professional membership bodies shall not discriminate in admission, benefits, voting rights, participation, discipline or expulsion, save for a narrowly justified requirement intrinsic to their lawful objects.

(1) Clubs and organisers of sports, recreation and cultural activities shall not unlawfully discriminate in membership, selection, facilities or participation.

(2) A sporting classification reasonably required for fair and safe competition or an objectively justified targeted development programme may be maintained subject to equality safeguards.

A person controlling premises ordinarily open to the public shall not discriminate in access and shall make reasonable accommodations for persons with disabilities, having regard to safety and applicable building requirements.

(1) Eligibility for public healthcare, emergency assistance and essential social services shall not be determined by irrelevant protected status or political connection.

(2) Lawful means-tested social assistance and priority based on medical need or objective vulnerability are compatible with this Act.

(1) Public authorities shall decide applications for permits, licences, grants, social assistance and public services according to published lawful criteria and give intelligible reasons for materially adverse decisions.

(2) Administrative delay, undocumented discretion, political favouritism and retaliation shall be investigated where linked to a protected status or a duty imposed by this Act.

(1) Public procurement and grant schemes may include lawful accessibility, labour-compliance and participation-support conditions that are relevant, transparent and proportionate.

(2) No procurement or grant decision may reserve benefit to a political supporter or automatically allocate contracts by religion, caste or ethnicity; the ordinary procurement and financial-control laws continue to apply.

(1) An employer, education provider and prescribed service institution shall take reasonable steps to prevent harassment and sexual harassment, including reporting channels, risk assessment, training and timely responses.

(2) The duty is proportionate to the size and circumstances of the organisation and does not make an institution strictly liable for conduct beyond reasonable control.

(1) Organisations subject to section 47 shall appoint a complaint contact outside the alleged perpetrator's chain of command and provide accessible reporting by writing, electronic means or an authorised representative.

(2) No internal investigation shall prevent a person from approaching the Commission, Police or competent court.

(1) A person accused of harassment shall receive a fair opportunity to answer an allegation; the identity and safety of complainants and witnesses shall be protected to the extent consistent with procedural fairness.

(2) Interim work or study arrangements shall not unreasonably penalise the person alleging harassment.

The Commission shall maintain accessible guidance in English, French and appropriate Mauritian languages, and outreach for Rodrigues and the Outer Islands, children, vulnerable workers and persons with disabilities, subject to available appropriations.

The Commission may issue statutory guidance after consultation with the relevant ministry, business, trade unions, education providers, professional bodies and representative civil organisations; departure from guidance does not of itself create criminal liability but may be relevant evidence in proceedings.

(1) Every public authority, in the exercise of its functions, shall have due regard to the need to eliminate unlawful discrimination, advance equal access where barriers are demonstrated and foster good relations.

(2) This is a duty of conscientious assessment and reasonable action, not a duty to achieve predetermined ethnic, religious or caste numerical outcomes.

A prescribed public authority shall assess foreseeable disproportionate impact on protected groups and low-income or remote populations when introducing or materially changing a major policy, recruitment system, scholarship scheme or essential service, and shall publish a non-identifying summary.

(1) The Commission, in cooperation with Statistics Mauritius and competent authorities, shall develop lawful indicators of access and disadvantage.

(2) Surveys shall normally rely on aggregated, anonymised or voluntary data and shall not compel individuals to state caste, religion or ethnicity.

(3) Absence of sensitive communal data shall not prevent programmes based on objective income, disability-access and geographic evidence.

(1) Each prescribed public authority shall adopt a 3-year equality plan identifying barriers, lawful actions, measurable indicators, a responsible officer, the budget source and an annual review.

(2) Plans shall be consulted upon and submitted to the Commission within 12 months of the relevant commencement date.

(3) Failure to meet a reasonable outcome target alone shall not constitute an offence.

Reasonable consultation on significant equality plans shall include affected communities, disability organisations, employer and worker representatives, academic or professional experts and, where relevant, Rodrigues institutions, without granting any organisation a veto or exclusive representational entitlement.

(1) The responsible Minister shall lay before the Assembly, within 6 months after each financial year, a consolidated response to the Commission's annual findings and specify implementation action or reasons for non-action.

(2) Ministers shall not direct individual Commission investigations or Tribunal proceedings.

(1) An institution may take a targeted equality measure only to address an identified disadvantage, distinct need or materially low participation in education, work or access to a public opportunity.

(2) The institution must reasonably believe, on recorded evidence, that the disadvantage exists and that the measure is suitable, necessary, proportionate, transparent and consistent with the Constitution.

(3) The measure shall protect relevant qualifications and the rights of non-beneficiaries and include an objective termination or review point.

(1) Where practicable, institutions shall first consider neutral or access-enhancing action, including transport support, outreach, tutoring, accessible facilities, apprenticeships, flexible recruitment, bursaries and bias reduction.

(2) Differential treatment in selection is a measure of last resort and shall be authorised only where expressly permitted by the Constitution and this Act.

No programme may create permanent posts, seats, licences, contracts or other entitlements allocated automatically by religion, caste, ancestry or ethnic identity; a temporary targeted scheme using such a ground requires the additional constitutional authority and safeguards required by section 8.

(1) Subject to appropriations, public authorities may establish transparent programmes for financially disadvantaged learners, first-generation tertiary students, persons in deprived localities, residents of Rodrigues or Outer Islands facing geographic barriers, carers and others experiencing evidenced constraints.

(2) Each programme shall publish the eligibility test, supporting documentation, permitted discretion, review procedure and safeguards against fraud.

(1) Accessibility and reasonable accommodation are continuing legal obligations, not temporary favours or dispensable quotas.

(2) Additional training, transport, workplace adaptation and supported-employment programmes may be funded in cooperation with the authority responsible for persons with disabilities.

(3) Any statutory disability employment quota shall be regulated under its own applicable legislation and not weakened or silently replaced by a certificate under this Part.

(1) A narrowly tailored tie-break may be used only if - (a) the relevant constitutional framework permits it; (b) candidates are assessed as objectively equally qualified according to published criteria; (c) a demonstrable participation deficit exists; and (d) individual circumstances and reasons are recorded.

(2) Automatic preference, exclusion of more qualified candidates and unpublished or political scoring are prohibited.

(3) Until a constitutionally sufficient enabling provision is in force, no tie-break involving preference on the grounds listed in section 16 of the Constitution shall be implemented under this section.

(1) A prescribed public body proposing a targeted measure with differential treatment shall submit an equality plan to the Commission for review before implementation.

(2) The submission shall identify evidence, purpose, alternatives assessed, eligibility, budget, independent impact assessment, consultation, data safeguards, complaint rights and termination criteria.

(3) Commission approval confirms compliance with this Act only and does not override the Constitution, procurement law or appointments powers.

(1) The Commission shall give a reasoned decision within 90 days of a complete application, subject to one written extension of not more than 45 days for stated reasons.

(2) A refusal, condition, suspension or withdrawal may be appealed to the Tribunal within 28 days.

(3) A certification shall lapse after 3 years unless earlier revoked; renewal requires fresh evidence and public consultation.

The Commission shall publish a register identifying approved public programmes, their purpose, authorising institution, duration, high-level evidence and independent evaluations, omitting personal and protected confidential information.

(1) The approving institution shall assess outcomes annually, complaints, adverse impacts and whether less restrictive alternatives have become available.

(2) The Commission may vary, suspend or withdraw certification following notice, reasons and opportunity to respond where a measure is unlawful, disproportionate, ineffective or captured by political or communal interests.

(3) Certification cannot validate a measure that the Constitution prohibits.

(1) The Minister responsible for social integration, in consultation with the relevant Ministers, may propose general programmes to promote access to quality early education, examination preparation, digital access, apprenticeships, transport, financial inclusion and first employment for persons experiencing documented deprivation.

(2) Each programme shall be open under neutral criteria wherever reasonably practicable, reviewed for outcomes and audited through ordinary public finance processes.

(1) The Equal Opportunities Commission established under the repealed Act is continued as a body corporate with perpetual succession and capacity to sue and be sued.

(2) The Commission shall exercise its functions independently and impartially, free from direction in investigations, certifications and individual decisions.

(1) The Commission shall consist of a Chairperson and 4 members, with collectively demonstrated expertise in law, human rights, labour, equality policy, disability, education, public administration and economics.

(2) The Chairperson shall have been a judge, magistrate of at least 10 years' service or legal practitioner of at least 10 years' standing.

(3) Members must disclose conflicts of interest and may not concurrently hold party-political executive office.

(1) Vacancies shall be publicly advertised and assessed against objective criteria by an independent selection panel constituted under regulations with balanced legal and civic expertise.

(2) The President shall appoint members acting on the advice of the Prime Minister after consultation with the Leader of the Opposition; the advice shall be informed by the published shortlist, and reasons for departure from the shortlist shall be recorded.

(3) Any appointments arrangement shall be construed consistently with the Constitution and the President's powers.

(1) A member serves one term of 5 years and may be removed only for proved inability, serious misconduct, disqualification or persistent failure to discharge duties following fair hearing and published reasons.

(2) An acting appointment shall not exceed 6 months except for a further 3 months in exceptional circumstances with written reasons.

(3) No pending complaint shall automatically lapse on a change of membership.

The Commission shall receive and investigate complaints; conduct inquiries of its own motion; facilitate conciliation; refer matters to the Tribunal; issue model codes; scrutinise public equality plans; evaluate targeted equality measures; coordinate relevant authorities; publish non-identifying statistics; and report to the Assembly.

(1) For a specified inquiry the Commission may require relevant documents, testimony and written explanations by reasoned notice specifying scope and return date.

(2) A person may object on grounds of legal professional privilege, self-incrimination, privacy or manifest irrelevance; an unresolved objection may be determined by the Tribunal before coercive enforcement.

(3) No search of private premises, interception of communications or compulsory access to digital devices is authorised without separate lawful judicial authority.

(1) The Commission may open an investigation where credible information indicates widespread or repeated discrimination or significant failure by a public institution to discharge a duty under this Act.

(2) The subject shall receive notice of the matters investigated and a fair opportunity to respond before an adverse final finding.

(3) Any public report shall distinguish allegations from established findings and protect confidential information.

(1) The Commission shall appoint staff through transparent merit-based processes within an approved establishment and may receive lawful secondments by the relevant Service Commission.

(2) It shall have a ring-fenced budget line and internal audit arrangements subject to ordinary public finance law and audit by the Director of Audit.

(3) No officer may be penalised for independently performing a lawful function.

The Commission shall provide accessible complaint materials, publish practical codes on discrimination, accommodations and equality plans, maintain regional and digital access, and provide an accessible referral route for Rodrigues and Outer Islands residents.

(1) The Commission may conclude public protocols with the Human Rights Commission, Data Protection Commissioner, labour authorities, disability institutions, Ombudsman, procurement authorities and competent regulators to coordinate responsibilities.

(2) Such protocols shall not authorise unlawful personal-data sharing or surrender independent statutory powers.

(1) The Commission shall prepare an annual report within 4 months after the end of each financial year stating complaints received, cases resolved, time to resolution, systemic inquiries, equality-plan compliance, reasons for delay, spending and recommendations.

(2) Reports shall be laid before the Assembly promptly and published with personal information redacted.

(1) A person alleging breach of this Act may complain orally for transcription, in writing or by accessible electronic means.

(2) A guardian, authorised representative, trade union or public-interest body with demonstrable sufficient interest may complain on behalf of an affected person with consent, or without consent where an affected person lacks capacity and applicable law permits.

(3) A child or vulnerable adult shall be afforded suitable safeguarding arrangements.

(1) A complaint should be lodged within 12 months after the alleged act or, for continuing conduct, the last occurrence.

(2) The Commission may extend time for good cause, including disability, intimidation, concealed wrongdoing, minority or reasonable efforts to resolve the matter.

(1) The Commission shall acknowledge a complaint within 10 working days and decide on jurisdiction or a referral route within 30 days where reasonably practicable.

(2) A rejection must be reasoned and notify the complainant of an internal reconsideration and Tribunal review mechanism.

(3) The Commission shall notify the complainant of any material delay and intended timetable.

(1) An investigator shall act impartially, record material interviews and disclose adverse evidence sufficiently for an effective response, subject to necessary protections.

(2) An affected party may be assisted by counsel or representative and may request accessible proceedings.

(3) Confidentiality shall not be used to prevent an individual from seeking lawful advice or reporting a crime.

(1) Voluntary conciliation may occur at any suitable time and shall not require a complainant to surrender statutory rights as a condition of being heard.

(2) A recorded settlement may be registered with the Tribunal and enforced as its order; admissions made solely in protected conciliation shall not normally be admissible in subsequent merits hearings.

(3) A complainant alleging serious coercion or sexual misconduct shall not be compelled to confront the alleged perpetrator in person.

(1) Following investigation the Commission shall issue a reasoned outcome recording whether reasonable grounds for further action exist and, where appropriate, recommend a compliance step.

(2) An unresolved complaint shall, at the complainant's election, be referred to the Tribunal, whether or not conciliation has occurred.

(3) The Commission may itself refer significant systemic breaches to the Tribunal, giving affected persons a suitable opportunity to participate.

(1) Where the Commission has failed without good reason to conclude jurisdictional screening within 90 days or an investigation within 9 months, a complainant may apply to the Tribunal for leave to proceed directly.

(2) The Tribunal shall consider prejudice, complexity and public interest, and may order a deadline or permit the case to be heard.

(3) The remedy does not remove the Commission's duty to investigate systemic issues.

A complainant may seek an internal reconsideration of a closure decision within 28 days on grounds of material factual error, procedural unfairness, newly available evidence or misapplication of law, and may apply to the Tribunal for review of an adverse reconsideration decision.

Where delay risks irreparable harm, imminent exclusion, loss of an examination or job opportunity, harassment, retaliation or destruction of evidence, the Commission may immediately apply to the Tribunal for proportionate interim directions.

(1) The Commission shall restrict access to case material, especially health, caste, religious, biometric, juvenile and other sensitive data; disclosure requires lawful necessity and safeguards.

(2) Legal professional privilege and the right not to be compelled to incriminate oneself are preserved.

(3) Whistleblower confidentiality may be lifted only by informed consent or a reasoned order necessary for due process.

(1) The Equal Opportunities Tribunal established under the repealed Act is continued and shall exercise its adjudicative functions independently.

(2) Its President shall be a legal practitioner of at least 10 years' standing and its other members shall possess relevant specialist experience, appointed by the appropriate constitutional authority in accordance with applicable law.

The Tribunal shall hear referred or permitted direct complaints, disputes over compliance notices, applications for urgent relief, appeals against targeted-plan certification, reviews of complaint closure and other matters expressly assigned by this Act.

(1) Parties shall receive adequate notice, know the substance of allegations, produce relevant evidence, question material witnesses subject to protective measures and receive reasoned determinations.

(2) Proceedings may be remote, accessible or partly confidential where necessary for dignity, safeguarding and the administration of justice.

(3) The Tribunal shall regulate procedure to promote expedition without prejudicing fairness.

(1) The Tribunal may make urgent interim orders to prevent irreparable harm, preserve material evidence, halt retaliation or maintain access pending hearing, including ex parte relief only in genuinely urgent cases.

(2) An ex parte order shall be returnable on notice as soon as practicable and shall include a prompt right to contest it.

(3) Interim orders shall be no more restrictive than reasonably necessary.

(1) On finding a contravention the Tribunal may make a declaration, award compensation, order cessation or correction of a discriminatory practice, require an accessible service or reasonable accommodation, order reconsideration under lawful criteria, or direct training and monitoring.

(2) Compensation may include provable financial loss, distress and injury to dignity, subject to an upper limit of 1,000,000 rupees for a claim under this Act, or such higher amount as Parliament may prescribe by amendment, not by ministerial regulation.

(3) The Tribunal shall give reasons for quantum and shall account for sums recovered for the same injury under other enactments.

(1) For a serious or repeated systemic breach, the Tribunal may order a time-limited remedial plan with milestones, independent audit and progress reporting.

(2) The order must identify the proved breach and cannot compel an unconstitutional quota, automatic appointment or displacement of a qualified person.

(3) Any failure to comply may be determined after a separate hearing.

(1) Costs shall not ordinarily be awarded against an unsuccessful individual complainant unless proceedings were vexatious, dishonest or manifestly unreasonable.

(2) The Tribunal may allow reasonable representation and interpreter or accessibility assistance and may refer eligible persons to existing legal-aid mechanisms.

(1) A final compensation order shall be enforceable as a civil debt and may be registered with the competent court in accordance with the applicable procedure.

(2) The Tribunal may require a respondent to report compliance and may certify wilful default to a competent court for enforcement.

(1) A party aggrieved by a final order may appeal on jurisdiction, error of law, material procedural irregularity or other ground permitted by applicable law within 21 days.

(2) Appeals shall be conducted in accordance with the Civil Appeal Act 2025 as applicable, and the Supreme Court may affirm, vary, quash or remit the matter.

(3) An appeal does not automatically stay an interim protection order; a court may grant a proportionate stay on application.

(1) Where a public authority or regulated institution breaches an affirmative administrative duty under this Act, the Commission may issue a notice specifying the breach, required corrective action, evidence relied on, deadline not less than 30 days except in an urgent case, and appeal rights.

(2) A notice may not itself impose criminal punishment, order preferential appointment or override a Tribunal or court judgment.

(1) Where a notice is deliberately disregarded without reasonable excuse, the Commission may seek from the Tribunal a proportionate civil penalty not exceeding 50,000 rupees for a first breach and 200,000 rupees for a repeated serious breach.

(2) Before imposing a penalty, the Tribunal shall consider seriousness, means, diligence, mitigation and whether the same conduct has been punished under another law.

(3) Civil penalties shall accrue to the Consolidated Fund and not fund the Commission's operations.

(1) A person who intentionally fabricates evidence, knowingly submits a false eligibility declaration for material benefit, unlawfully destroys records after notice, or deliberately obstructs a lawful Tribunal process commits an offence.

(2) On conviction, the person shall be liable to a fine not exceeding 100,000 rupees or imprisonment not exceeding 12 months, or both; a person who engages in retaliation involving threats or serious economic harm may be subject to the same penalty.

(3) No offence is committed by a good-faith complainant merely because an allegation is not substantiated.

(1) A Minister, public officer or other person shall not seek to direct the outcome of a pending investigation, adjudication or individual certification decision, or knowingly distort an equality programme to favour political supporters.

(2) Members, officers and experts shall disclose interests, recuse themselves where impartiality could reasonably be questioned and publish non-sensitive conflict declarations.

(3) Alleged corruption shall be referred to the competent investigating authority without derogating from the Director of Public Prosecutions' independence.

(1) Data revealing disability, health, religion, caste, ethnicity, sex life or other sensitive matters shall be collected only where a lawful basis exists, and only to the extent necessary for a defined legitimate purpose.

(2) Personal information shall be encrypted or otherwise protected, retention-limited, subject to access controls, and never used to create a compulsory communal register.

(3) This section supplements and does not displace the Data Protection Act 2017 and the powers of the Data Protection Commissioner.

(1) Institutions receiving public funding for a targeted equality programme shall publish anonymised eligibility criteria, annual expenditure, participation totals and measured results.

(2) The Director of Audit and competent parliamentary committees may examine records under normal law; personally identifying sensitive material shall remain protected.

Within 9 months after commencement and every year thereafter, the responsible Minister shall lay a statement of implementation progress before the National Assembly, including expenditure, operational gaps, enforcement statistics and measures taken on Commission recommendations.

(1) The Attorney-General may make regulations, after consulting the Commission and relevant stakeholders, to give effect to this Act, including accessibility standards, forms, employer thresholds, publication and operational procedures.

(2) Regulations may not create new protected statuses, authorise communal quotas, alter constitutional appointments, enlarge criminal penalties, weaken privileges or disapply data-protection duties.

(3) Draft regulations of substantial public consequence shall be published for at least 30 days and laid before the Assembly in accordance with applicable law.

(1) Consequential amendments shall be made in accordance with Schedule 4 to remove obsolete references and align connected statutes with the Commission and Tribunal continued under this Act.

(2) Any provision affecting the Protection and Promotion of the Rights of Persons with Disabilities Act 2024 shall take effect only after its proclamation status and coexistence with the Training and Employment of Disabled Persons Act have been verified and an express coordinated commencement order published.

(3) Nothing in the repeal revives an enactment previously repealed by the 2008 Act.

Subject to sections 109 and 110, the Equal Opportunities Act (Act 42 of 2008) is repealed on the principal commencement date, except to the extent that provisions must temporarily continue for a matter or institution preserved by this Act.

(1) On commencement, members, employees, property, appropriations, existing guidelines, contracts and lawful decisions of the former Commission and Tribunal continue, subject to this Act and constitutionally required appointments arrangements.

(2) A complaint, inquiry, conciliation, referral, proceeding, settlement, order, appeal or enforcement step pending immediately before commencement shall continue without loss of accrued rights, limitation protection or evidence, under the former procedure where necessary to avoid injustice.

(3) A defendant or respondent shall not be retrospectively subjected to greater criminal liability, greater financial penalty or a new civil standard for conduct completed before commencement.

(1) This Act shall come into operation on dates appointed by Proclamation and different dates may be appointed for different provisions.

(2) Parts II to V and procedural rights may commence upon operational readiness; Parts VI and VII require published guidance and budget provisions; and any preference prohibited without constitutional amendment shall remain dormant until constitutional authority is secured.

(3) The Attorney-General shall lay before the Assembly a commencement readiness statement identifying staffing, rules, tribunal capacity, disability-law coordination, data safeguards and funding.

(1) The Attorney-General shall appoint an independent multidisciplinary review panel within 3 years of the principal commencement date to examine fairness, constitutional compliance, effectiveness, costs, complaints, harms and community cohesion.

(2) The report shall be published and laid before the Assembly within 6 months of appointment and shall recommend statutory amendments where needed.

(3) The Government shall publish a reasoned response within 6 months.

(1) The statutory authority for any targeted recruitment selection preference under section 63 shall expire 5 years after its commencement unless renewed by Parliament following independent evidence and constitutional review.

(2) Expiry shall not affect the prohibition on discrimination, disability accommodations, poverty assistance or other neutral opportunity programmes.