PowerPoint Presentation

Discrimination in Employment and Occupation

Equality of opportunity andtreatment in employment andoccupation

Turin, 7 February 2007

Discrimination in Employment and Occupation

Why it is of interest to men topromote women worker’s rights?

Discrimination in Employment and Occupation

Fundamental instrumentson equality

•The Discrimination (Employment andOccupation) Convention, 1958 (No.111)and the Discrimination (Employment andOccupation) Recommendation, 1958(No.111)

•The Equal Remuneration Convention, 1951(No.100) and the Equal RemunerationRecommendation, 1951 (No. 90)

Discrimination in Employment and Occupation

Convention No.111

Objective

•Elimination of discrimination inemployment and occupation andachieving equal opportunities for all

•To be realized progressively but stepshave to be taken immediately and on acontinuing basis

Discrimination in Employment and Occupation

Definition of discrimination

•Any distinction, exclusion or preferencebased on race, colour, sex, religion,political opinion, national extraction andsocial origin which has the effect ofnullifying or impairing equality ofopportunity or treatment inemployment or occupation

Discrimination in Employment and Occupation

Eliminating discrimination:Who and Where?

Principle of C.111 applies to all workers

Equal access to vocational training

Equal access to employment and occupation

Equality in terms of conditions of work

Discrimination in Employment and Occupation

Example: lack of protection fromdiscrimination during recruitment

•In the Philippines, section 135 the LabourCode provides that „favouring a maleemployee over a female employee withrespect to promotion, training opportunities,study and scholarship grants solely onaccount of sex is unlawful discrimination”

•Longstanding concern of CEACR that thisprovision does not prohibit discrimination inhiring

Discrimination in Employment and Occupation

What is discrimination?

•Three elements:

Factual element: any distinction, exclusion or preference

Prohibited grounds: race, colour, sex, religion, politicalopinion, national extraction, social origin and any otherground identified at the national level

Negative effect on equality of opportunity and treatment(whether or not intended)

•Any discrimination whether it is

In law or in practice

Direct or indirect

Discrimination in Employment and Occupation

Examples: Direct Discrimination

•Job advertisement excluding applicants of acertain gender, age, or complexion

•Practice of hiring only persons of a certainethnicity

•Exclusion from certain jobs of personsassociated with a former political regime

•Exclusion of women to enter the police forceor fire brigades.

•Restricting working time of women, e.g.overtime

•Restricting women’s access to certainoccupation

Discrimination in Employment and Occupation

Indirect Discrimination

Apparently neutral law or practicewhich has a disproportionate negativeimpact on a particular group protectedby the Convention or by nationallegislation, and which has no objectivejob-related justification

Discrimination in Employment and Occupation

Examples: indirect discrimination

•Training is provided outside regularworking time

•Language requirements unrelated tojob-duties

•Exclusion from domestic worker fromlabour legislation

Discrimination in Employment and Occupation

Sex

•Refers to those distinctions which use thebiological characteristics and functions thatdifferentiate men from women

•It also includes those distinctions based onsocial differences between men and womenthat are learned, changeable over time andhave wide variations within and betweencultures

•It covers pregnancy, marital status, familyresponsibilities and sexual harassment

Discrimination in Employment and Occupation

Sex/gender discrimination: Examples

•Mandatory pregnancy testing or questions regardingplanned pregnancies during recruitment

•Women are forced to retire upon marriage orpregnancy or requiring women not to get pregnantor marry

•Excluding women from dangerous jobs without anyjustification related to pregnancy or maternity

•Working time arrangements that are not related tothe requirements of the work that make it impossiblefor women to carry out the job

•Gender-biased allocation of benefits and allowances

Discrimination in Employment and Occupation

Occupational segregation by gender

•Horizontal and vertical segregation

•Various causes

•Usually reflects a lack of equal opportunities

•May involve direct or indirect discrimination

•Gender segregated labour markets orworkplaces are a breeding ground fordiscrimination against women

Discrimination in Employment and Occupation

Race and colour

•Ethnic group to which an individual belongsto by reason of heredity

•Difference in colour is one of the ethniccharacteristics

•Includes:

Racial/ethnic groups: e.g. Uigur in China, Huntergatherers in Kenya etc

Shading: preference for persons of lighter skin

Tribal peoples: e.g Bangladesh, Pakistan,Cambodia, Nepal

Discrimination in Employment and Occupation

National extraction

•Distinctions between the citizens of the samecountry on the basis of a person’s place ofbirth, ancestry or foreign origin

•Includes:

National or linguistic minorities

Foreigners who have been nationalized

Descendents of foreign immigrants

Discrimination in Employment and Occupation

Political opinion

•Activities expressing or demonstrating opposition tothe established political principles, or simply adifferent opinion protection

•Membership or non-membership in a political partyor a political or socio-political attitude, civiccommitment, moral qualities

Example: CEACR has raised with the Government ofVietnam that no legal protection on the basis ofpolitical opinion is available

Discrimination in Employment and Occupation

Social Origin

When an individual's social origin determineshis or her occupational future, either becausehe or she is denied certain jobs or activities,or because he or she is only assigned certainjobs.

Example: class, socio-occupational category, or caste(Dalit’s in India or Nepal, the Buraku in Japan)

Discrimination in Employment and Occupation

Religion

•Distinctions based on whether a personis or is not of a certain faith or belongsto a certain sect.

•Includes expression or manifestation ofbelief

•Includes atheism

Discrimination in Employment and Occupation

Other grounds

Other grounds added in nationallegislations include:

Age

Disability

State of health

Family responsibilities

Sexual orientation

Nationality

Trade union affiliation or lack thereof

Discrimination in Employment and Occupation

What is not discrimination?

•Inherent requirements of the job

•Measures affecting an individual who issuspected of or engaged in activitiesprejudicial to the security of the State.

•Special measures of protection andassistance

Discrimination in Employment and Occupation

Inherent requirements

•Concept of a particular job refers to a specificand definable job, function or task. Anylimitation within the context of this exceptionmust be required by characteristics of theparticular job, and be in proportion to itsinherent requirements.

•Certain criteria may be used but not appliedto whole sectors, occupations

Discrimination in Employment and Occupation

Special measures

Special measures of protection or assistanceprovided for in ILO Conventions orRecommendations are not discrimination.

Special measures agreed by workers andemployers designed to meet specialrequirements of workers i.e. based on sex,disability, age, family responsibilities, orsocial or cultural status are notdiscrimination.

Discrimination in Employment and Occupation

Special temporary measures

Enactment of legislation is insufficientto eliminate discrimination in practice.States can take special temporarymeasures to remedy existinginequalities through affirmative actionsuch as

 Preferential treatment

 Monitoring and evaluation

 Setting targets

Discrimination in Employment and Occupation

Elements of a national policy

R 111

All persons should enjoy equality ofopportunity in respect of

Access to vocational guidance andplacement services

Access to training and employment

Promotion and advancement

Security of tenure of employment

Equal pay for work of equal value

Conditions of work

Discrimination in Employment and Occupation

Elements of a national policy

•Government should ensure non-discriminationin all employment-related activities

•Employers should not practice or toleratediscrimination in hiring or training

•The principle should be respected in CBAs

•Employers’ and workers’ organizations shouldnot practice or tolerate discrimination

•Application of the policy should not adverselyaffect special measures under Article 5

Discrimination in Employment and Occupation

Means of promotion andenforcement

•Administrative structures (e.g. labourinspection)

•Representative bodies at the enterpriselevel

•Special bodies to promote, investigate,supervise equality and preventdiscrimination (EEO commission)

•Special temporary measures

•Educational programmes

Discrimination in Employment and Occupation

Issues in application

•Indirect discrimination

•Affirmative action/positive action

•Lack of enforcement

Administrative

Judicial

•Informal economy

•Exclusion of certain job from coverage oflabour legislation

•Equality in the broader context of society