Understanding Workplace Discrimination in Malta: Legal Protections and Employer Responsibilities
Introduction
Despite progress towards equality, workplace discrimination remains a persistent challenge, affecting employees at all levels and in a variety of forms. Whether it comes from supervisors, colleagues, or even clients, discrimination occurs when a person is treated less favourably than others – directly or indirectly – based on characteristics such as sex, sexual orientation, age, religion or belief, racial or ethnic origin, gender identity, or other personal attributes, without objective or reasonable justification.
Discrimination can occur at any stage of employment. During recruitment, applicants may face stereotypes, barriers to employment licences, or restricted access to opportunities. Within the workplace, it may take the form of unequal pay, denial of benefits, unsafe conditions, or task assignments that disadvantage certain employees. Less qualified individuals may sometimes be favoured over more qualified candidates due to protected characteristics.
To cater for this, Maltese law provides a robust framework designed to prevent such practices and to safeguard equality in employment. Employers are bound foster an inclusive workplace, adopt policies that prevent discrimination, and handle complaints promptly and fairly. This includes ensuring effective reporting channels and providing adequate training to staff on recognising and addressing harassment and discriminatory behaviour.
Workplace Discrimination under Maltese Law
At the workplace, discrimination is primarily governed by the Employment and Industrial Relations Act (EIRA). The Act defines discrimination broadly as “any distinction, exclusion, or restriction not justifiable in a democratic society,” covering factors such as marital status, pregnancy, sex, colour, disability, religion, political opinion, or trade union membership. Moreover, discrimination may also be present in the advertising and recruitment stage, and may also be present when it comes to work conditions, pay, training, promotions, and dismissals.
For instance, examples of discrimination may include:
- Selects a less qualified candidate over someone else based on sex;
- Offers lower pay or worse conditions for the same work; or
- Deliberately assigns less favourable tasks to certain employees.
An employer can only justify such actions if based on legitimate grounds, like experience or performance. In this regard, a notable case is Aften Schembri et vs Playmobil Malta Limited, where the Industrial Tribunal concluded that there was a case of discrimination, since certain employees were denied training opportunities, limiting their career progression compared to others.
Main Types of Discrimination
1. Victimisation
Maltese law also protects employees from victimisation, which happens when someone is treated unfairly for speaking up. This includes lodging a complaint about discrimination, taking legal action against the employer, or reporting illegal or corrupt activities to the authorities. It is illegal for an employer to punish an employee for standing up for their rights or exposing wrongdoing.
In addition, Maltese law provides further protections under Chapter 527 of the Laws of Malta, the Protection of the Whistleblower Act. This legislation safeguards individuals who acquire and disclose information relating to specified breaches in a work-related context. Protections extend not only to current employees but also to individuals whose employment has ended or is yet to commence.
The law explicitly prohibits any detrimental or occupational action against whistleblowers, including dismissal. Importantly, individuals who make a report are protected from civil or criminal liability, as well as from any disciplinary proceedings arising from the act of reporting.
2. Harassment
Harassment is recognised under Maltese law as a form of discrimination. Harassment may include any unwelcome actions, requests, or conduct—whether verbal, gestural, or through the production, display, or circulation of written words, images, or other materials.
Sexual harassment, in particular, is strictly prohibited under the EIRA, the Equal Treatment in Employment Regulations, and the Equality for Men and Women Act. It is unlawful for any person to sexually harass another by:
Subjecting them to unwanted physical intimacy;
Requesting sexual favours;
Engaging in any act or conduct with sexual connotations – including spoken words, gestures, or the production, display, or circulation of written or visual material – that is unwelcome and can reasonably be regarded as offensive, humiliating, or intimidating;
Treating them less favourably because of their acceptance or rejection of a sexual request.
3. Equal Pay for Equal Work
The principle of “Equal Pay for Equal Work” is a fundamental aspect of Maltese employment law, designed to ensure that all employees are compensated fairly for the work they perform. Under this principle, employees are entitled to the same pay for performing the same job or work of equal value, regardless of gender, sexual orientation, or other protected characteristics.
This concept extends beyond basic salary to include all forms of remuneration and benefits, such as bonuses, allowances, overtime pay, and other financial or non-financial perks linked to employment. Any unjustified disparity in pay between employees performing equivalent roles constitutes a form of discrimination and is prohibited under Maltese law.
Legal Avenues Against Discrimination
Employees who believe they have been subjected to discrimination at work have the right to report it without fear of retaliation. The first step is usually to raise the matter internally with the HR department, and the employer is legally obliged to investigate. If no satisfactory action is taken, a complaint may be filed with the relevant authorities.
Under the EIRA, discrimination cases may be brought before the Industrial Tribunal. Complaints must be filed in writing within four months of the alleged breach. Importantly, in discrimination cases, an employee need only establish a prima facie case of unfavourable treatment; the burden then shifts to the employer to prove that no breach occurred or that the treatment was objectively justified. This reversal of the burden of proof reflects the difficulty employees often face in proving discrimination.
If the Tribunal upholds the complaint, it may adopt any measure it deems appropriate, including declaring discriminatory clauses in contracts or collective agreements invalid, ordering compensation, or cancelling contracts of service. While no statutory formula exists for compensation, the Tribunal must consider the actual damages suffered and relevant personal circumstances, such as the employee’s age, skills, and employability.
The EIRA also provides for penalties. More serious breaches – such as harassment – can give rise to imprisonment of six months to two years, fines between €5,000 and €10,000, or both.
Employees may also bring complaints before the National Commission for the Promotion of Equality (NCPE), which is empowered to investigate discriminatory practices. However, its decisions are not binding unless accepted by the employer.
In certain circumstances, discrimination may amount to a criminal offence. For example, racial discrimination is criminalised, which penalises threatening, abusive, or insulting conduct intended to incite violence or hatred on grounds such as gender, sexual orientation, race, religion, or belief. Conviction may result in imprisonment for six to eighteen months. In such cases, employees may also seek assistance from the police.
Conclusion
Workplace discrimination continues to pose serious challenges in Malta, affecting employees’ well-being, morale, and career prospects, while exposing employers to legal and reputational risks. Maltese and European laws provide strong protections, but genuine equality requires more than compliance. Employers must actively foster inclusive environments through clear policies, effective procedures, and ongoing training. At the same time, employees should remain aware of their rights and avenues of recourse. Only through shared commitment can workplace equality move from principle to practice.
This article is for information purposes only and should not be construed as legal advice. The information provided reflects the law as it stands on the blog’s publishing date. For the most updated version or advice tailored to your specific circumstances, you are strongly encouraged to consult a lawyer.
Article and research done by Ms Caitlin Turner, LL.B. (Hons) (Melit.), currently reading a Master of Advocacy at University of Malta.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
