Employment Discrimination in Trinidad and Tobago

Under the law of Trinidad and Tobago, an employer may not discriminate against a worker or job applicant on the grounds of sex, race, ethnicity, origin, religion, marital status, or disability. These seven "status grounds" are set out in the Equal Opportunity Act, Chapter 22:03. Complaints are made to the Equal Opportunity Commission within six months of the discriminatory act, and unresolved matters proceed to the Equal Opportunity Tribunal.

The Equal Opportunity Act (the "EOA") is the only general anti-discrimination statute in Trinidad and Tobago. It applies to recruitment, promotion, training, terms and conditions of employment, and dismissal. Critically, it is a closed list. Forms of discrimination that fall outside the seven enumerated status grounds — most notably sexual orientation, gender identity, age, political opinion, and HIV status — are not currently prohibited under the EOA, although other legal protections (constitutional, contractual or under the Industrial Relations Act) may sometimes apply.

What is Employment Discrimination Under T&T Law?

Section 5 of the EOA defines discrimination by status. A person discriminates against another if, in circumstances that are the same or not materially different, they treat that person less favourably than they would treat a person of another status, on the ground of one of the protected characteristics.

The Act recognises two forms of unlawful discrimination:

  • Direct discrimination — overt less favourable treatment because of a protected status (e.g., refusing to hire a Hindu applicant because of religion).
  • Indirect discrimination — applying a requirement or condition that is the same for everyone but disproportionately disadvantages people of a particular status, and which cannot be reasonably justified (e.g., a height requirement that excludes most women without operational justification).

Section 6 separately prohibits victimisation — punishing a worker for asserting their rights under the Act, supporting another worker's complaint, or giving evidence to the Equal Opportunity Commission. Victimisation is itself a form of unlawful conduct, even where the underlying complaint ultimately fails.

In practice, this is one of the most commonly misunderstood areas we encounter. Workers often assume that any unfairness at work is "discrimination". It is not. Under the EOA, the unfair treatment must be tied to one of the seven status grounds. A manager who is rude to everyone equally, or who promotes a less qualified favourite, may be acting badly — but unless the conduct is explained by status, it is not unlawful discrimination under Chapter 22:03.

Which Grounds Are Protected — and Which Are Not?

The exhaustive list of "status" in section 3 of the EOA is:

  1. Sex — male or female (the EOA defines "sex" narrowly; see below)
  2. Race
  3. Ethnicity
  4. Origin, including geographical origin
  5. Religion
  6. Marital status — single, married, separated, divorced, widowed
  7. Any disability — defined to include physical, mental, intellectual or sensory impairments that have lasted, or are likely to last, more than six months

The Act also separately prohibits discrimination by association — for example, treating an employee less favourably because their spouse belongs to a particular religion or ethnicity.

Sexual Orientation Is Not a Protected Status

The single most important limit on the EOA is that sexual orientation is not a status ground. The Act's definition of "sex" expressly excludes sexual preference or orientation. This was the central issue in Suratt and Others v Attorney General of Trinidad and Tobago [2007] UKPC 55, where the appellants challenged the EOA on the basis that, by leaving out sexual orientation, the legislation itself was discriminatory and unconstitutional. The Court of Appeal of Trinidad and Tobago struck the Act down. The Privy Council reversed that decision and held the EOA constitutional. Parliament's choice to legislate on a defined set of grounds was a legitimate one; the omission of sexual orientation did not render the Act void.

The practical consequence is that, as the law stands today, an employee who is dismissed or harassed because they are gay, lesbian, bisexual, or transgender cannot bring a complaint to the Equal Opportunity Commission under the status grounds. They may have other remedies — under the Industrial Relations Act, Chapter 88:01 for unfair dismissal, or under the Constitution of the Republic of Trinidad and Tobago in cases of state action — but not under the EOA.

Other Grounds That Are Not Currently Protected

The EOA also does not cover:

  • Age (whether against younger or older workers)
  • Political opinion or affiliation
  • Trade union membership (which has separate protection under the Industrial Relations Act)
  • HIV status, save where the condition meets the EOA definition of disability
  • Pregnancy as a free-standing ground, although pregnancy discrimination may be established as discrimination on the ground of sex

What the Law Says in Trinidad and Tobago

The Equal Opportunity Act is the controlling legislation. Section 4 provides that the Act applies to discrimination in relation to employment where the alleged discrimination is on a status ground or is by way of victimisation. Section 8 makes employment-related discrimination unlawful at every stage of the working relationship.

Legislation / Body What It Does
Equal Opportunity Act, Ch 22:03 Defines the seven protected status grounds; prohibits discrimination, victimisation and offensive behaviour in employment, education, goods and services, and accommodation
Equal Opportunity Commission Receives, investigates and conciliates complaints; conducts public education; recommends law reform
Equal Opportunity Tribunal A superior court of record that adjudicates unresolved complaints; awards damages, injunctions and orders
Industrial Relations Act, Ch 88:01 Provides parallel protection where status discrimination results in dismissal of a "worker" under the Act
Constitution of the Republic of Trinidad and Tobago Sections 4 and 5 protect against state discrimination on the grounds of race, origin, colour, religion or sex

In Suratt v Attorney General [2007] UKPC 55, the Privy Council confirmed that Parliament was entitled to enact a defined-status anti-discrimination regime and that the Equal Opportunity Tribunal — though staffed by a judge of High Court status — was constitutionally valid. The EOA has been in force as a fully operational scheme since the Tribunal began sittings in 2008.

Section 8: What Is Specifically Prohibited in Employment?

Under section 8 of the EOA, an employer must not discriminate on a status ground:

  • In the recruitment process — in the arrangements for deciding who is offered work; in the terms on which work is offered; or by refusing to offer work
  • In access to opportunities — promotion, transfer, training, or other benefits
  • In terms and conditions — pay, hours, leave, or other working conditions
  • In dismissal — including selection for retrenchment
  • By any other detriment — a residual category that captures hostile working environments, undue scrutiny, exclusion from meetings, or differential discipline

The Act also imposes parallel duties on employment agencies, partnerships, qualifying bodies (such as professional associations), and trade unions.

Reasonable Accommodation for Disability

Disability is the only protected status under the EOA that imposes a positive duty on employers. An employer must consider what reasonable accommodations can be made for an employee or applicant with a disability — for example, modified equipment, adjusted hours, or accessible work areas. An employer is not required to make accommodations that would impose an unjustifiable hardship, but the burden of demonstrating hardship rests on the employer. Failing to consider reasonable adjustments can itself amount to disability discrimination.

How Do You File a Complaint with the Equal Opportunity Commission?

The Equal Opportunity Commission is the gateway. Almost every EOA complaint must start there. You cannot go directly to the Equal Opportunity Tribunal; the Commission must investigate first and attempt conciliation.

The process is:

  1. File a written complaint within six months of the discriminatory act using the EOC complaint form, available from the Equal Opportunity Commission. In exceptional circumstances, the Commission may accept complaints filed outside the six-month window.
  2. Initial assessment — the Commission decides whether the complaint discloses a prima facie case under one of the protected grounds.
  3. Investigation — the Commission may require the employer to produce documents, interview witnesses, and request a written response.
  4. Conciliation — if the complaint has merit, the Commission attempts to resolve the matter between the parties. Most resolved complaints end here, often with an apology, reinstatement, change of policy, or a negotiated payment.
  5. Referral to the Equal Opportunity Tribunal — if conciliation fails (or the respondent refuses to engage), the Commission may refer the matter to the Tribunal for adjudication.
  6. Tribunal hearing — the Tribunal is a court of record presided over by a judge of equivalent rank to a High Court judge. It receives evidence, hears witnesses, and gives a reasoned written judgment.

Time limits matter. The strict six-month deadline runs from the discriminatory act, not from the date you discovered it or sought legal advice. Workers who delay risk losing their statutory rights entirely.

What the Tribunal Can Award

The Equal Opportunity Tribunal has broad remedial powers. It can:

  • Award damages for financial loss and for injury to feelings — including aggravated and exemplary damages in serious cases
  • Order reinstatement or re-engagement of a dismissed employee
  • Grant injunctions restraining ongoing discriminatory conduct
  • Direct policy or procedural changes — for example, requiring the employer to introduce an anti-discrimination policy, conduct training, or revise selection procedures
  • Make a declaration that discrimination occurred — important for an employee's professional record
  • Punish contempt — by fine or committal where its orders are disobeyed

Awards in T&T to date have ranged from modest sums for hurt feelings into the hundreds of thousands of dollars in serious cases involving sustained or aggravated workplace discrimination. The Tribunal has, in published judgments, awarded sums in excess of TT$200,000 in race-discrimination cases involving prolonged harm to professional standing.

Can You Bring an EOA Claim and an Industrial Court Claim at the Same Time?

This is a question we are frequently asked. Where a worker is dismissed in circumstances that involve discrimination, the act of dismissal may simultaneously be:

The two regimes are complementary, not mutually exclusive. However, you cannot recover the same loss twice. Practical experience suggests that where the discrimination is the core wrong (e.g., a religious-grounds dismissal of a long-serving worker), the EOA route may yield a fuller remedy because it specifically addresses injury to dignity. Where the discrimination is ancillary to a broader dismissal dispute, the Industrial Court route is often the better forum. Each case turns on its own facts and should be assessed by counsel before any complaint is filed.

What Counts as Evidence of Discrimination?

Direct evidence of discrimination — a manager who openly says "I don't hire Indians" — is rare. Most successful complaints turn on circumstantial evidence and inference. Courts and tribunals in T&T have accepted the following as probative:

  • Comparative treatment of similarly situated workers of a different status
  • Statistical patterns in hiring, promotion, or discipline
  • Statements made informally — in emails, WhatsApp messages, or by witnesses
  • Sudden changes in performance evaluations after disclosure of pregnancy, religion, or disability
  • A failure by the employer to follow its own policies or procedures
  • Inconsistent or shifting explanations from the employer for the impugned decision

Document everything. Keep copies of emails, performance reviews, payslips, attendance records, and any written communication with management. Note the names of witnesses to incidents. Once you leave employment, your access to internal records often disappears.

Frequently Asked Questions

Does the Equal Opportunity Act protect against sexual orientation discrimination in T&T?

No. The EOA defines "sex" to exclude sexual orientation, and the Privy Council confirmed in Suratt v Attorney General [2007] UKPC 55 that Parliament was entitled to legislate on a closed list of status grounds. As the law currently stands, an employee dismissed or harassed at work because they are gay, lesbian or transgender cannot bring a complaint to the Equal Opportunity Commission. They may, however, have remedies under the Industrial Relations Act for unfair dismissal.

How long do I have to file a complaint with the Equal Opportunity Commission?

Six months from the date of the discriminatory act. The Commission may, in exceptional circumstances, accept a late complaint, but you should never rely on that discretion. If the discrimination is ongoing — for example, repeated harassment — each new incident can refresh the time limit, but the underlying pattern should be raised with counsel as early as possible.

Can I take my employer straight to the Equal Opportunity Tribunal?

No. The Equal Opportunity Commission is the mandatory first step. The Commission investigates and attempts to conciliate the matter. Only if conciliation fails — or the respondent refuses to engage — does the matter progress to the Tribunal for judicial determination.

Is age discrimination unlawful in Trinidad and Tobago?

Not under the Equal Opportunity Act. Age is not a status ground in the EOA. An older worker pushed out of their role because of age, or a younger worker passed over because of age, has no direct remedy under the Act. However, where an age-based decision is also tied to a covered ground — for example, marital status or disability — an EOA claim may still lie. Industrial Court remedies for unfair dismissal may also apply.

Do I need a lawyer to file a complaint with the Equal Opportunity Commission?

You are not required to have a lawyer at the Commission stage, and the EOC's complaint process is designed to be accessible to lay complainants. However, a lawyer can be invaluable when drafting the complaint, identifying the correct status ground, gathering evidence, and especially if the matter proceeds to the Equal Opportunity Tribunal, which is a court of record where formal advocacy and rules of evidence apply.

What damages can the Equal Opportunity Tribunal award?

The Tribunal can award damages for financial loss (lost wages, lost benefits, loss of pension) and for injury to feelings, hurt and humiliation. In appropriate cases it can also award aggravated and exemplary damages. It has reinstated dismissed workers and ordered employers to change policies. Published awards in serious cases have exceeded TT$200,000.

My employer dismissed me because I refused to work on my Sabbath. Is that discrimination?

Potentially yes. Religion is a protected status under the EOA, and a dismissal for refusing to work on a religious day of observance can amount to direct or indirect religious discrimination. The employer may seek to justify the requirement on operational grounds, but the burden is on the employer. The matter should be raised with the Equal Opportunity Commission within six months of the dismissal.

Does the Equal Opportunity Act apply to small employers?

Yes. Unlike some overseas regimes, the EOA does not exempt small businesses. The Act applies to all employers in Trinidad and Tobago in respect of employment, with the limited exceptions set out in the statute itself (such as employment in a private household and certain genuine occupational qualifications).

Written by Martin George, Attorney-at-Law. Martin George is the founder and principal attorney of Martin George & Company, with more than 35 years of active legal practice in the courts of Trinidad and Tobago. He is a former Commissioner on the Law Reform Commission of Trinidad and Tobago and a member of the Prime Minister's Constitutional Committee for Internal Self-Government for Tobago. This article is published for general information and public legal education. It does not constitute legal advice. For advice on your specific situation, contact Martin George & Company.

Last reviewed: April 2026