Discrimination in the Workplace: A Cyprus Employment Law Guide

Cyprus law protects employees and job applicants against discrimination at every stage of the employment relationship — from recruitment and pay through to training, promotion and dismissal. The framework draws on the Constitution of the Republic, EU equality law, and a set of dedicated statutes, and it is enforced both through the courts and through a specialist Equality Body. This guide sets out the essentials for employers and employees.

The Protected Grounds

The principal statute governing discrimination in employment is the Equal Treatment in Employment and Occupation Law of 2004 (Law 58(I)/2004), which transposes the EU Employment Equality Directive (2000/78/EC) and, in the field of employment, the Racial Equality Directive (2000/43/EC), and prohibits discrimination in employment on the grounds of racial or ethnic origin, religion or belief, age, and sexual orientation. It sits alongside several related laws:

• Sex / gender — the Equal Treatment of Men and Women in Employment and Vocational Training Law of 2002 (Law 205(I)/2002), and, on pay, the Equal Pay between Men and Women for the Same Work or Work of Equal Value Law of 2002 (Law 177(I)/2002).
• Disability — the Persons with Disabilities Law of 2000 (Law 127(I)/2000), which includes the duty to provide reasonable accommodation.
• Racial or ethnic origin beyond employment — the Equal Treatment (Racial or Ethnic Origin) Law of 2004 (Law 59(I)/2004).

Together these cover the grounds of sex, racial or ethnic origin, religion or belief, age, disability and sexual orientation. Discrimination in pay and conditions on grounds of sex is also the subject of the forthcoming EU Pay Transparency regime.

What Counts as Unlawful Discrimination

The law prohibits more than overt, intentional bias. The recognised forms are:

Direct discrimination — treating a person less favourably than another is, has been, or would be treated in a comparable situation, because of a protected ground (for example, refusing to hire someone on account of their age).

Indirect discrimination — an apparently neutral provision, criterion or practice that puts people sharing a protected characteristic at a particular disadvantage, unless it is objectively justified by a legitimate aim and the means of achieving it are appropriate and necessary.

Harassment — unwanted conduct related to a protected ground that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment is treated as a form of sex discrimination, and the recently enacted framework on violence and harassment at work reinforces these protections.

Victimisation — subjecting a person to detriment because they have complained about discrimination, supported another’s complaint, or asserted their rights.

Failure to make reasonable accommodation — in the case of disability, the absence of appropriate measures to enable a disabled person to access, participate in or advance in employment, where those measures would not impose a disproportionate burden.

Limited Exceptions

Not every distinction is unlawful. A difference of treatment based on a characteristic related to a protected ground may be permitted where, by reason of the nature of the particular work, that characteristic constitutes a genuine and determining occupational requirement, provided the objective is legitimate and the requirement proportionate (Law 58(I)/2004, section 5(1)). Certain differences of treatment on grounds of age may also be justified where objectively and reasonably justified by a legitimate aim. These exceptions are construed narrowly.

Enforcement: The Equality Body and the Courts

A person who believes they have suffered discrimination has two principal routes, which can be complementary:

The Equality Body. Complaints may be submitted to the Equality Authority within the Office of the Commissioner for Administration and the Protection of Human Rights (the Ombudsman), designated as the Equality Body by the Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law of 2004 (Law 42(I)/2004), and empowered to investigate discrimination and issue findings and recommendations. With the complainant’s approval, a trade union or other organisation may bring a complaint on their behalf. The Equality Body does not award compensation.

The courts. Compensation is a matter for the courts — principally the Labour Disputes Court (or the District Court, depending on the claim). The Labour Disputes Court can order fair and reasonable compensation for the damage suffered, together with interest.

A critical feature for employers is the shift in the burden of proof: once a complainant establishes facts from which discrimination may be presumed, it falls to the employer to prove that the principle of equal treatment was not breached (Law 58(I)/2004, section 13). Good record-keeping and objective, documented decision-making are therefore the employer’s best protection.

Practical Guidance for Employers

Audit your processes. Recruitment criteria, pay structures, promotion and selection decisions, and redundancy criteria should all be objective, job-related and documented — both to be fair and to be defensible if challenged.

Adopt and apply a clear policy. An equal-opportunities and anti-harassment policy, properly communicated and enforced, sets expectations and supports a defence. Couple it with a confidential complaints procedure.

Train managers. Most discrimination risk arises in everyday decisions and interactions. Managers should understand the protected grounds, the meaning of indirect discrimination and harassment, and the duty of reasonable accommodation.

Handle complaints properly. Investigate promptly and impartially, avoid any hint of victimisation, and document the process.

How We Can Help

Our employment law team advises employers and employees across Cyprus on all aspects of workplace discrimination, from policies, training and the handling of complaints, to representation before the Equality Body and the Labour Disputes Court. Whether you are seeking to put compliant practices in place or to pursue or defend a claim, we would be pleased to assist.

This article is provided for general information purposes only and does not constitute legal advice. It reflects the position as at the time of writing; readers should seek specific advice on their circumstances.

Theodorou Law is a Cyprus law firm with Cyprus lawyers and other legal experts on legal matters involving Cyprus law, EU law and international law. The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.