Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Bahamas

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2001)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2001)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration), and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Colour, national extraction and social origin.Legislation. The Committee notes the Government’s acknowledgement, in its report, that “colour”, “national extraction” and “social origin” are not yet expressly included as prohibited grounds in the Employment Act, 2001, and its indication that, within a broader Labour Reform exercise, a second draft White Paper consolidating tripartite recommendations is being prepared for Cabinet consideration. It also notes the consultative steps reported (Labour Legislation Reform Symposium in July 2024; and stakeholder meeting on labour law modernization in May 2025), and the indication that, pending reform, the Department of Labour investigates workplace discrimination allegations in line with the Convention. The Government further indicates it is not aware of judicial decisions specifically on these three grounds. The Committee nevertheless recalls with concern that it has been urging the inclusion of these grounds since 2012 and that legislative alignment has not yet been achieved. The Committee therefore urges the Government to take without delay the necessary measures to amend the Employment Act so as to expressly prohibit direct and indirect discrimination on the grounds of “colour”, “national extraction” and “social origin”. It also requests for information on any interim measures taken to ensure protection in practice on these grounds.

Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the Employment Act remains under review and that the Committee’s requests on defining and prohibiting sexual harassment in all its forms, ensuring coverage for all workers, and establishing effective prevention, complaint, investigation and penalty mechanisms are under consideration. It also notes the Government’s statement that data on complaints under section 26 of the Sexual Offences and Domestic Violence Act, 2010 will be compiled and provided at a later date. The Committee further notes the adoption of the Protection Against Violence Act 2023, a criminal law, which defines ’Sexual Harassment’ as an act or behaviour of making unwelcome or inappropriate sexual remarks or physical advances. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, para. 792). Therefore, the Committee strongly urges the Government to take steps to define and prohibit sexual harassment at work in all its forms (both quid pro quo – i.e. blackmail – and hostile work environment), in relation to all aspects of employment. It also requests for consolidated statistics on complaints filed under section 26 (disaggregated by sex, sector, nature of conduct, outcome and penalties).

Articles 1 to 3. National policy for equality of opportunity and treatment. Sex. Occupational segregation. The Committee notes the Government’s indication that the Gender Unit at the Department of Labour has not yet been established and that, pending its creation, measures to expand women’s access to non-traditional sectors and reduce occupational segregation are pursued through the National Apprenticeship Programme and National Training Agency (NTA) courses (including Caribbean Vocational Qualifications (CVQs) in technical trades). It also notes the July 2025 pre-apprenticeship pilot (Maritime and Construction) with 50 enrolees and 48 completions, 13 females and 11 males in the Construction programme, and 15 females and 9 males in the Maritime programme. Taking note of the findings of January 2025 Labour Force Survey, the Committee observes that gender gaps persist in labour market outcomes: the female unemployment rate (11.2 per cent) exceeded that of men (10.4 per cent); women accounted for 49.5 per cent of the labour force; and the labour force participation rate remained lower for women (72per cent) than for men (80.4 per cent). The data also shows that as of January 2025, there were 106,480 individuals outside the labour force, with women comprising 59.6 per cent, and men 40.4 per cent. It further notes persistent occupational segregation: women constitute 81.8 per cent of clerks, but only 10.0 per cent of craft and related workers and 11.7 per cent of skilled agriculture and fishery workers. These results point to continuing barriers to women’s access to a wider range of jobs and sectors with better prospects. In this regard, the Committee considers that sustained action and measurable results are required. The Committee requests the Government to provide information on concrete measures taken or envisaged to reduce occupational segregation (e.g. targeted outreach, mentorship/scholarships, workplace adjustments, childcare/transport support, and safe-work measures) and their results.

Article 5. Special measures. Promotion of the employment of women and disadvantaged groups. The Committee notes the Government’s indications of targeted initiatives to promote the employment of disadvantaged groups, including: the first “Differently Abled Job Fair” held on 21 June 2025 (with plans for a second event), the “Labour on the Blocks” community outreach bringing job opportunities and practical support (documents, resume assistance and attire) to areas where disadvantaged groups reside, and the Bahamas National Apprenticeship Programme (NAP) launched on 1 July 2025, which commits to equitable access and reasonable accommodation for persons with disabilities. The Committee also notes complementary disability-inclusion measures reported (e.g. partnerships, accessibility initiatives, and the Access Ability App linking users to employment services) and recalls its pending request to clarify whether such actions constitute positive measures adopted pursuant to article 26(4)(d) of the Constitution. The Committee requests the Government to clarify (i) whether these actions constitute positive measures adopted pursuant to article 26(4)(d) of the Constitution; and (ii) the coordination with the National Commission for Persons with Disabilities and the Department of Gender and Family Affairs to ensure that women and other disadvantaged groups benefit from these measures, and the monitoring and results achieved.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as access to employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities, and gender roles and stereotypes. The Committee refers, in this regard, to its comments above on Convention No. 111.

Articles 1 to 4. Gender pay gap. The Committee notes the Government’s indication, in its report, that it is awaiting additional information to assess the underlying causes of wage differentials between men and women, including occupational gender segregation. It further notes the transmission of sex-disaggregated labour market statistics compiled by the Bahamas National Statistical Institute (BNSI), including quarterly data on labour force status by sex and island, educational attainment, employment status and the distribution of employed persons by sex and occupational group (Q3-2023). These figures suggest marked horizontal segregation. Moreso, the Committee notes the absence of information on the earnings of men and women in the public and private sectors and any available national estimates of the gender pay gap. Consequently, the Committee requests the Government to: (i) provide any available statistics on earnings of men and women by sector and occupation, and any national estimates of the gender pay gap; and (ii) report on concrete steps taken to identify the drivers of observed differentials and the measures adopted or envisaged to address them.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indication that, in consultation with the National Tripartite Council, it is reviewing section 6 of the Employment Act, 2001 within the broader Labour Legislative Reform exercise, and that the Labour Reform White Paper remains under consideration. It recalls, however, its long-standing concern that section 6 unduly confines comparisons to “the same establishment” and to jobs requiring “substantially the same skill, effort and responsibility” performed under “similar working conditions”, which is not in line with the principle of the Convention. The Committee once again urges the Government to proceed with amendments giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. It also request for an update on the status and content of the Labour Reform White Paper as it relates to section 6.

Article 2. Wage-fixing mechanisms. Public service. The Committee notes the Government’s explanations on how salary scales are set and applied in the public service, including: (1) the use of a post-classification system (by required qualifications, duties and responsibilities, internal equity and fiscal guidelines) and graded scales with incremental steps (such as GR (General Ranks), A (Administrative), and AF (Agriculture and Fisheries); and (2) the Policy for New Entrants effective 1 October 2009, under which new appointees are placed at the minimum of the assigned scale with recognition of prior experience according to a standardized formula, and with limited exceptions for senior technical/professional posts. In this regard, the Committee requests the Government to clarify whether gender-neutral, objective job evaluation underpins grading and scale setting. It also requests that copies of any relevant guidelines, classification manuals or evaluation tools used to determine grading and starting rates also be provided.

Articles 2(2)(c) and 4. Co-operation with workers’ and employers’ organizations. The Committee notes the Government’s indication that it continues to collaborate with workers’ and employers’ organizations, including through quarterly meetings between the Minister of Labour and national trade unions, and that 55 industrial agreements were concluded over the past three and a half years (2021–25). It further notes the Government’s statement that these agreements set remuneration on the basis of the post without differentiation by sex, as well as its acknowledgement that, in organizations without industrial agreements, no formal mechanism currently exists to verify consistent application of the principle. The Committee also notes that the International Labour Relations Unit is seeking a copy of the current agreement with the Bahamas Public Services Union (BPSU) for transmission. Recalling Article 4 of the Convention, the Committee requests the Government to take concrete steps, developed with the social partners, to promote the principle of equal remuneration for work of equal value in collective bargaining. In particular, it asks the Government to: (i) encourage and support the inclusion in collective agreements of explicit equal-remuneration clauses and gender-neutral and objective job-evaluation provisions, and to report on awareness-raising and training provided to negotiators; (ii) transmit copies of agreements that contain such provisions, including the current BPSU agreement once available; and (iii) describe measures to address enterprises not covered by industrial agreements to verify application of the principle in practice.

Article 3. Objective job evaluation methods. The Committee notes the Government’s recognition of the importance of developing and applying objective job-evaluation methods to give full effect to the principle of “equal remuneration for work of equal value”, and its indication that further details, including the time frames proposed for their implementation, will be provided once additional information is received. The Committee wishes to recall that the concept of “equal value” requires measuring and comparing different jobs using gender-neutral, objective and non-discriminatory criteria such as skills, effort, responsibility and working conditions (2012 General Survey, para. 695). Consequently, the Committee requests the Government to adopt and transmit a time-bound plan for the design and implementation of an objective job-evaluation method, indicating also the methodology to be used and the intended coverage.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising and enforcement. The Committee notes the Government’s indication that amendments to the Employment Act are being pursued to strengthen protections against wage discrimination, that employees who suspect unequal remuneration may report to the Department of Labour for investigation, and that labour inspectors receive continuous training and conduct regular, educative inspections promoting compliance with national labour laws, including the Employment Act and the Health and Safety at Work Act. It further notes the Government’s statement that no courts or tribunals have handed down decisions relating to the principle of the Convention. The Committee recalls that an absence of cases or complaints may signal barriers to effective enforcement rather than an absence of unequal pay (2012 General Survey, paras 870 and 871). The Committee reiterates its request to the Government to: (i) take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay; and (ii) provide information on any activities undertaken in this regard.