Update July 2025: After the publication of these Guidelines, the Court of Appeal of Trinidad and Tobago in a judgment dated 14th April 2022, in Rishi Persad-Maharaj & Equal Opportunity Commission v Cascadia Hotels Ltd [Civil Appeal Nos P-407 & P-408 of 2019] confirmed that sexual harassment is a form of discrimination on the ground of sex, that is prohibited by the Equal Opportunity Act (‘EOA’). Firstly, the issue to be asked is not “Was there sexual harassment?” but rather “Was the applicant treated less-favourably because of their sex when compared to how persons of the opposite sex were treated?” Secondly, an applicant who (allegedly) suffered sexual harassment in employment would have subjected to a ‘detriment’ within the meaning of section 9(c) of EOA which provides: “An employer shall not discriminate against a person employed by him…….(c) by dismissing the person or subjecting the person to any other detriment.”