Discrimination in Employment and Occupation

Equality of opportunity and treatment in employment

and occupation

Equality of opportunity and treatment in employment

and occupation

Turin, 7 February 2007

Discrimination in Employment and Occupation

Why it is of interest to men to promote women worker’s

rights?

Why it is of interest to men to promote women worker’s

rights?

Discrimination in Employment and Occupation

Fundamental instruments on equality

Fundamental instruments on equality

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

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

Discrimination in Employment and Occupation

Convention No.111Convention No.111

Objective• Elimination of discrimination in

employment and occupation and achieving equal opportunities for all

• To be realized progressively but steps have to be taken immediately and on a continuing basis

Discrimination in Employment and Occupation

Definition of discrimination

• Any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction and social origin which has the effect of nullifying or impairing equality of opportunity or treatment in employment 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 from discrimination during

recruitment

Example: lack of protection from discrimination during

recruitment• In the Philippines, section 135 the

Labour Code provides that „favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of sex is unlawful discrimination”

• Longstanding concern of CEACR that this provision does not prohibit discrimination in hiring

Discrimination in Employment and Occupation

What is discrimination?

• Three elements: Factual element: any distinction, exclusion or

preference Prohibited grounds: race, colour, sex, religion,

political opinion, national extraction, social origin and any other ground identified at the national level

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

• Any discrimination whether it isIn law or in practiceDirect or indirect

Discrimination in Employment and Occupation

Examples: Direct Discrimination

Examples: Direct Discrimination

• Job advertisement excluding applicants of a certain gender, age, or complexion

• Practice of hiring only persons of a certain ethnicity

• Exclusion from certain jobs of persons associated with a former political regime

• Exclusion of women to enter the police force or fire brigades.

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

• Restricting women’s access to certain occupation

Discrimination in Employment and Occupation

Indirect Discrimination

Apparently neutral law or practice which has a disproportionate negative impact on a particular group protected by the Convention or by national legislation, and which has no objective job-related justification

Discrimination in Employment and Occupation

Examples: indirect discrimination

Examples: indirect discrimination

• Training is provided outside regular working time

• Language requirements unrelated to job-duties

• Exclusion from domestic worker from labour legislation

Discrimination in Employment and Occupation

Sex• Refers to those distinctions which use the

biological characteristics and functions that differentiate men from women

• It also includes those distinctions based on social differences between men and women that are learned, changeable over time and have wide variations within and between cultures

• It covers pregnancy, marital status, family responsibilities and sexual harassment

Discrimination in Employment and Occupation

Sex/gender discrimination: Examples

Sex/gender discrimination: Examples

• Mandatory pregnancy testing or questions regarding planned pregnancies during recruitment

• Women are forced to retire upon marriage or pregnancy or requiring women not to get pregnant or marry

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

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

• Gender-biased allocation of benefits and allowances

Discrimination in Employment and Occupation

Occupational segregation by gender

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 or

workplaces are a breeding ground for discrimination against women

Discrimination in Employment and Occupation

Race and colourRace and colour

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

• Difference in colour is one of the ethnic characteristics

• Includes:Racial/ethnic groups: e.g. Uigur in China,

Hunter gatherers in Kenya etc Shading: preference for persons of lighter

skinTribal peoples: e.g Bangladesh, Pakistan,

Cambodia, Nepal

Discrimination in Employment and Occupation

National extraction

• Distinctions between the citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin

• Includes:National or linguistic minoritiesForeigners who have been nationalizedDescendents of foreign immigrants

Discrimination in Employment and Occupation

Political opinion

• Activities expressing or demonstrating opposition to the established political principles, or simply a different opinion protection

• Membership or non-membership in a political party or a political or socio-political attitude, civic commitment, moral qualities

Example: CEACR has raised with the Government of Vietnam that no legal protection on the basis of political opinion is available

Discrimination in Employment and Occupation

Social Origin

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

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 person is or is not of a certain faith or belongs to a certain sect.

• Includes expression or manifestation of belief

• Includes atheism

Discrimination in Employment and Occupation

Other groundsOther grounds added in national legislations include:AgeDisabilityState of healthFamily responsibilitiesSexual orientationNationalityTrade union affiliation or lack thereof

Discrimination in Employment and Occupation

What is not discrimination?What is not discrimination?

• Inherent requirements of the job

• Measures affecting an individual who is suspected of or engaged in activities prejudicial to the security of the State.

• Special measures of protection and assistance

Discrimination in Employment and Occupation

Inherent requirementsInherent requirements

• Concept of a particular job refers to a specific and definable job, function or task. Any limitation within the context of this exception must be required by characteristics of the particular job, and be in proportion to its inherent requirements.

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

Discrimination in Employment and Occupation

Special measures

Special measures of protection or assistance provided for in ILO Conventions or Recommendations are not discrimination.

Special measures agreed by workers and employers designed to meet special requirements of workers i.e. based on sex, disability, age, family responsibilities, or social or cultural status are not discrimination.

Discrimination in Employment and Occupation

Special temporary measures

Special temporary measures

Enactment of legislation is insufficient to eliminate discrimination in practice. States can take special temporary measures to remedy existing inequalities through affirmative action such 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 of opportunity in respect of Access to vocational guidance and

placement 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-discrimination in all employment-related activities

• Employers should not practice or tolerate discrimination in hiring or training

• The principle should be respected in CBAs• Employers’ and workers’ organizations should

not practice or tolerate discrimination• Application of the policy should not adversely

affect special measures under Article 5

Discrimination in Employment and Occupation

Means of promotion and enforcement

• Administrative structures (e.g. labour inspection)

• Representative bodies at the enterprise level

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

• Special temporary measures• Educational programmes

Discrimination in Employment and Occupation

Issues in applicationIssues in application

• Indirect discrimination• Affirmative action/positive action• Lack of enforcement

AdministrativeJudicial

• Informal economy• Exclusion of certain job from coverage

of labour legislation• Equality in the broader context of

society