Equality of opportunity and treatment in employment and occupation

Discrimination in Employment and Occupation

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. 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 Certain immediate obligations
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

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 is

In law or in practice Direct or indirect

Discrimination in Employment and Occupation

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 public sector jobs due to political opinion, religion or ethnic origin Exclusion of women to enter the police force or fire brigades Restricting working time of women, e.g. overtime Restricting womens 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

Height or language requirements that are unrelated to job Working time arrangements that impair equal opportunities of persons with family responsibilities Exclusion from domestic worker from labour legislation

Discrimination in Employment and Occupation

Prohibited grounds of discrimination:

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

Male preference in hiring 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 job 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

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

Other grounds
Other grounds added in national legislations 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 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 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
Example: Equal Treatment Act of Cyprus

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

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

Issues in application
Indirect discrimination Affirmative action/positive action Lack of enforcement
Administrative Judicial

Informal economy Exclusion of certain job from coverage of labour legislation Equality in the broader context of society
Discrimination in Employment and Occupation

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

Discrimination in Employment and Occupation

Objectives Equal remuneration (ER) for men and women for work of equal value

Rates of remuneration without discrimination based on sex

Discrimination in Employment and Occupation

Objectives

To ensure ER in public sector

To promote ER the private sector

Discrimination in Employment and Occupation

Causes of the pay gap

Productivity related differences

Job availability
Job selection

Pay structure
Perceived labour costs Lack of awareness
Discrimination in Employment and Occupation

Scope of application
Applies to all workers and all sectors Applies to all elements of remuneration

Implies a comparison between jobs

Discrimination in Employment and Occupation

Permissible pay differences

Based on objective differences in the work performed Based on non-sex-based factors such as: Seniority Education Qualifications Experience Productivity
Discrimination in Employment and Occupation

Methods of wage determination

Legislation Public service wage classifications Collective agreements Wage directives from wage boards Custom and practice

Individual contracts
Discrimination in Employment and Occupation

Work of equal value (1)

Equal or identical work or work in equal or identical conditions AND Different kinds of work which based on objective criteria are of equal value

Discrimination in Employment and Occupation

Work of equal value (2)

Comparison between jobs is not limited to the same job, the same employer or the same sector

Discrimination in Employment and Occupation

Job evaluation to determine equal value

Analytical methodology preferred Used to classify jobs based on job content Uses job descriptions Rating of job content based on responsibility, skill, effort and working conditions
Discrimination in Employment and Occupation

Job evaluation systems

Job evaluation systems do not automatically promote equal remuneration for work of equal value Effort must be made to avoid gender bias and to measure aspects of work done by women as well as that typically done by men

Discrimination in Employment and Occupation

How to avoid gender bias?

Make gender equality an objective

Use objective criteria

Avoid stereotypes

Avoid under-valuing tasks

Avoid over-valuing formal credentials

Consider formal and informal experience

Discrimination in Employment and Occupation

Common forms of discrimination

Jobs or occupations with a female denomination Under-evaluation of certain jobs or occupations Invisibility of the qualities, tasks, skills & efforts

Vertical & horizontal occupational segregation

Discrimination in Employment and Occupation