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Discrimination in Employment and Occupation

Equality of opportunity and

treatment in employmentand occupation


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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)


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Convention No. 111

Objective: Elimination of discriminationin employment and occupation and

achieving equal opportunities for all To be realized progressively but steps

have to be taken immediately and on acontinuing basis

Certain immediate obligations


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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 in

employment or occupation


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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


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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 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


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Examples: Direct discrimination

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

Practice of hiring only persons of a certainethnicity

Exclusion from certain public sector jobs dueto political opinion, religion or ethnic origin

Exclusion of women to enter the police forceor fire brigades

Restricting working time of women, e.g.overtime

Restricting womens access to certainoccupation


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Indirect discrimination

Apparently neutral law or practicewhich has a disproportionate negative

impact on a particular group protectedby the Convention or by nationallegislation, and which has no objective

job-related justification


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Examples: Indirect discrimination

Height or language requirements thatare unrelated to job

Working time arrangements that impairequal opportunities of persons withfamily responsibilities

Exclusion from domestic worker from

labour legislation


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Prohibited grounds of discrimination:

Sex

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

It also includes those distinctions based on

social differences between men and womenthat are learned, changeable over time andhave wide variations within and between

cultures It covers pregnancy, marital status, family

responsibilities and sexual harassment


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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


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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 for

discrimination against women


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Other grounds

Other grounds added in nationallegislations include: Age

Disability

State of health

Family responsibilities

Sexual orientation

Nationality Trade union affiliation or lack thereof


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What is not discrimination?

Inherent requirements of the job

Measures affecting an individual who is

suspected of or engaged in activitiesprejudicial to the security of the State

Special measures of protection andassistance


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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 the

particular job, and be in proportion to itsinherent requirements

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

Example: Equal Treatment Act of Cyprus


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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 not discrimination


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Special temporary measures

Enactment of legislation is insufficientto eliminate discrimination in practice.States can take special temporary

measures to remedy existinginequalities through affirmative actionsuch as:

Preferential treatment

Monitoring and evaluation

Setting targets


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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


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The Equal Remuneration Convention,

1951 (No. 100) and the EqualRemuneration Recommendation,1951 (No. 90)


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Objectives

Equal remuneration (ER) for menand women for work of equal value

Rates of remuneration without

discrimination based on sex


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Objectives

To ensureER in public sector

To promoteER the private sector


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Causes of the pay gap

Productivity related differences

Job availability

Job selection

Pay structure

Perceived labour costs

Lack of awareness


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Scope of application

Applies to all workers and all sectors

Applies to all elements of remuneration

Implies a comparison between jobs


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Permissible pay differences

Based on objective differences in the workperformed

Based on non-sex-based factors such as: Seniority

Education

Qualifications

Experience

Productivity


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Methods of wage determination

Legislation

Public service wage classifications

Collective agreements

Wage directives from wage boards

Custom and practice

Individual contracts


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Work of equal value (1)

Equal or identical work or work in equalor identical conditions

AND

Different kinds of work which based on

objective criteria are of equal value


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Work of equal value (2)

Comparison between jobs is notlimited to the same job, the sameemployer or the same sector


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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


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Job evaluation systems

Job evaluation systems do notautomatically promote equal remunerationfor work of equal value

Effort must be made to avoid gender biasand to measure aspects of work done bywomen as well as that typically done by

men


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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


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Common forms of discrimination

Jobs or occupations with a femaledenomination

Under-evaluation of certain jobs oroccupations

Invisibility of the qualities, tasks, skills &efforts

Vertical & horizontal occupationalsegregation

Documents

Discrimination En