Malta: Discrimination, Disability & Sexual Harassment

Maltese employment law departs from the ordinary civil rule that claimants must prove their allegations when it comes to discrimination claims. Once an employee establishes facts suggesting discriminatory treatment, the burden shifts to the employer to prove the decision was lawful and non-discriminatory. This article examines the EU origins of this evidential framework, its implementation across multiple Maltese regulations, and how the courts have applied it in practice.

On 3 March 2026, Bill No. 166 — An Act to further amend the Employment and Industrial Relations Act (Cap. 452) — was published in the Government Gazette.

The International Labour Organisation (ILO) emphasizes the core concept of "equal pay" as a fundamental principle ensuring parity of wages for similar work, irrespective of gender, race, or status.