Section 17, The Employment Act, 2023

(1) Discrimination in employment or occupation isprohibited and a person discriminated against may make a complaint by himself or by another person on his behalf. (2) An employer shall not dismiss an injured worker, discriminate against or disadvantage a worker in respect of the worker’s employment or occupation, or alter the worker’s position to the detriment of the worker by reason only that the worker- (a) makes a complaint about a matter which the worker considers is not safe or is a risk to his health; (b) is a member of a safety and health association; (c) exercises any of his functions as a member of a safety and health association; (d) sustained a degree of disability as a result of workplace injury; or (e) is pregnant or experiencing a maternity condition. (3) An employer who contravenes subsection (2) commits an offence and is liable to a fine not less than 10 months national minimum wage or to imprisonment for a term of not less than 6 months or to both such fine and imprisonment. (4) Notwithstanding any written law to the contrary, where a person is convicted of an offence under subsection (2), the High Court may, in addition to imposing the penalty under subsection (3), make one or both of the following orders – (a) that the offender pays within a specified period, as a compensation to the person against whom the offender has discriminated such damages as the court may deem fit; or (b) that the worker be reinstated or reemployed in his former position or, where that position is not available, in a similar or suitable position.