Equal Opportunity Tribunal chair wants age discrimination outlawed

EQUAL Opportunity Tribunal (EOT) chairman Donna Prowell-Raphael has reminded that the tribunal can adjudicate “unrestrained expressions of hate and bias” unregulated by a proliferation of online platforms.

“A less understood and invoked jurisdiction of the tribunal is its judicial authority to determine complaints involving offensive behaviour, which straddles the corrosive effects of hate speech,” she said in her address at the opening of the tribunal’s 2024/2025 law term on October 1.

“In an era where divisive rhetoric can all too easily cross the line into incitement, our authority to address hate speech should not be minimised or remain underutilised.”

She said in appropriate cases, the tribunal can grant orders to restrain impugned behaviour, make orders for compensation whose reputation may be compromised and “generally stand as the safeguard against a slide into a society where any group can be targeted, demeaned and their safety jeopardised by offensive behaviour.”

She also made a call to make age discrimination unlawful.

“As life expectancy increases, our older adults ought not to be denied access to opportunities and or gradually excluded from full participation in social and economic life because of their age.”

Prowell-Raphael said a tendency to regulate older adults to secondary positions had resulted in “fit and able” retired people struggling to secure fair employment opportunities.

“As we strive to build a more just and inclusive society that values the potential of all individuals regardless of age, it is imperative that we revisit and address the issue of age discrimination especially in employment.

“Making age discrimination unlawful would be a pivotal step towards ensuring that career opportunities remain available and or open to all who are willing and able to contribute.

“We must address age discrimination more robustly in our jurisprudence, recognising the value of our older adults and the unique challenges that they face.”

In her address, Prowell-Raphael also boasted the tribunal was on a “bold journey of transformation,” as she noted some of the tribunal’s achievements in the past year, including “being a leader among our superior courts in conducting all of our hearings virtually and offsite, with bare-bone capacity, and at the same time successfully delivering complex judgments without any appeals in the period under review.”

She said the tribunal successfully transitioned to remote operations “ overcoming potentially crippling disruption and ensuring uninterrupted service.”

She also highlighted some of the tribunal’s initiatives in the past year including presenting proposals for constitutional changes on an invitation from the National Advisory Committee on Constitutional Reform.

Prowell-Raphael said in 2025, the tribunal and the Equal Opportunity Commission will commemorate the 25th anniversary of the enactment of the Equal Opportunity Act (EOA).

This landmark legislation, passed by Parliament in 2000, established the tribunal “with the groundbreaking mission of resolving discrimination complaints to combat discrimination and advance equal opportunity,” she said.

Before the enactment of the EOA, Prowell-Raphael said the Constitution shielded state-based or public-sector discrimination. However, the EOA protected individuals from discriminatory acts in the private sector.

“Unlike our constitutions that only protected against discrimination by State agencies, the EOA ensured individuals had equal protection under civil law from discrimination in both the public and private sectors, in specified areas. It provided additional safeguards against victimisation, hate speech, and offensive behaviour. “Moreover, the EOA broadened and entrenched the legal foundation for diversity, equity, and inclusivity principles, which are quickly becoming the touchstone for societal transformation in many developing countries.

“...The tribunal plays an essential role as a judicial intervenor, actively prohibiting discrimination and promoting a culture of equal opportunity,” she said.

Prowell-Raphael disclosed that the tribunal was now proactively engaged in digitising its operations and relocating to a new space in Port of Spain while revamping its governance structure, through Project Green Gavel, “an ambitious retooling initiative.”

At the heart of Project Green Gavel is the development of a digital registry and case management system, e-filing, and real-time case tracking, designed to “shrink” the tribunal’s paper footprint while making it “inclusive, efficient, effective and sustainable,” she said.

“It is about more than just modernising the tribunal – it is about creating an accessible and impartial institution where all feel welcome, heard, and protected.”

Prowell-Raphael also said the tribunal’s HR unit was nearing completion of its work-from-home policy to support the State’s initiative for remote work.

She also echoed a call by Chief Justice Ivor Archie for specialised staffing for the tribunal.