Current Version
| Region | Samoa |
| Issue | LGBT employment discrimination |
| Status | Ambiguous |
| Start Date | Jan 1, 2013 |
| End Date | (none) |
| Description | Under the Labour and Employment Relations Act (2013). Article 20 on Fundamental rights and principles (2) A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on1 or more arbitrary grounds, including sex, gender, sexual orientation, real or perceived HIV status, among others. However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority. |
| Sources | https://www.paclii.org/ws/legis/consol_act/laera2013332/ https://faolex.fao.org/docs/pdf/sam175870.pdf https://faolex.fao.org/docs/pdf/sam222836.pdf |
| Federal Law | Yes |
Revision History (9)
edited by DaisyGeekyTrans. Reverting to revision #63426:
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Ambiguous |
edited by DaisyGeekyTrans. Reverting to revision #63421: It’s not ambiguous. Several countries have protections but don’t enforce them in practice. Doesn’t make them ambiguous.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation and gender identity |
| Special Status | Ambiguous | Sexual orientation and gender identity |
| Federal Law | No | Yes |
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | Sexual orientation and gender identity | Ambiguous |
| Old Value | New Value | |
|---|---|---|
| Description | Under the Labour and Employment Relations Act (2013). Article 20 on Fundamental rights and principles (2) A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on1 or more arbitrary grounds, including sex, gender, sexual orientation, real or perceived HIV status, among others. | Under the Labour and Employment Relations Act (2013). Article 20 on Fundamental rights and principles (2) A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on1 or more arbitrary grounds, including sex, gender, sexual orientation, real or perceived HIV status, among others. However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority. |
Show Difference | ||
| Sources | https://www.paclii.org/ws/legis/consol_act/laera2013332/ | https://www.paclii.org/ws/legis/consol_act/laera2013332/ https://faolex.fao.org/docs/pdf/sam175870.pdf https://faolex.fao.org/docs/pdf/sam222836.pdf |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Description | Under the Labour and Employment Relations Act and under hate crimes since 2017. | Under the Labour and Employment Relations Act (2013). Article 20 on Fundamental rights and principles (2) A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on1 or more arbitrary grounds, including sex, gender, sexual orientation, real or perceived HIV status, among others. |
Show Difference | ||
| Sources | Labour and Employment Relations Act http://ilga.org/downloads/2017/ILGA_WorldMap_ENGLISH_Protection_2017.pdf | https://www.paclii.org/ws/legis/consol_act/laera2013332/ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Description | No | Under the Labour and Employment Relations Act and under hate crimes since 2017. |
| Sources | Labour and Employment Relations Act | Labour and Employment Relations Act http://ilga.org/downloads/2017/ILGA_WorldMap_ENGLISH_Protection_2017.pdf |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |