IV. THE EQUAL OPPORTUNITIES COMMISSION (EOC) 70. The Equal Opportunities Commission (EOC) was established under section 27(1) of the Equal Opportunities Act (EOA) and the Commission became operational in April 2012. 71. Under the EOA, the alleged discrimination is based on the ‘status’ of the aggrieved person, and are limited to age, caste, colour, creed, ethnic origin, impairment, marital status, place of origin, political opinion, race, sex, and sexual orientation. 72. The Equal Opportunities Act was amended in 2017 to provide for the prohibition of discrimination in employment on the grounds of a person’s criminal record, both at recruitment and promotion level, where a person’s criminal record is not relevant to the nature of the employment for which that person is being considered. The law was also amended to put the burden of proof, that a discrimination on ground of criminal records is relevant, on the employer. 73. The EOC attempt to reconcile the parties to whom and against whom a complaint relates, and work towards the elimination of discrimination, and the promotion of equality of opportunity and good relations between persons of different status. Table 13: Statistics on Complaints received at EOC (May 2012 to May 2019) Complaints Received Complaint lodged Complaints Received from Mauritius 2126 Complaints Received from Rodrigues 99 Total Complaints Received 2225 Status of Complaints Status of Complaints # of Complaints Examined 1738 Withdrawn 259 Assessment on going (Additional Information Requested) 102 Pending Investigation 116 Total 2225 Details of Complaints examined Status Number of Cases Conciliated/settled 221 Referred to Equal Opportunities Tribunal 51 Referred to DPP 2 Not Under Purview 882 No evidence of discrimination 571 Referred to other Instances (NHRC, ICAC, Ministry of Social Security) 17 Complainant Deceased 4 Total 1748 Source: Equal Opportunities Commission 31