Understanding Discrimination & Equality in Employment: Focus on Convention No. 111 (1958), Slides of Introduction to Sociology

Download Understanding Discrimination & Equality in Employment: Focus on Convention No. 111 (1958) and more Slides Introduction to Sociology in PDF only on Docsity! Equality of opportunity and treatment in employment and occupation Docsity.com 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) Docsity.com 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 Docsity.com 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 Docsity.com 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 women’s access to certain occupation Docsity.com 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 Docsity.com 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 Docsity.com 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 Docsity.com 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 Docsity.com 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 Docsity.com 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 Docsity.com Objectives • Equal remuneration (ER) for men and women for work of equal value • Rates of remuneration without discrimination based on sex Docsity.com Objectives • To ensure ER in public sector • To promote ER the private sector Docsity.com Causes of the pay gap • Productivity related differences • Job availability • Job selection • Pay structure • Perceived labour costs • Lack of awareness Docsity.com Methods of wage determination • Legislation • Public service wage classifications • Collective agreements • Wage directives from wage boards • Custom and practice • Individual contracts Docsity.com 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 Docsity.com Work of equal value (2) Comparison between jobs is not limited to the same job, the same employer or the same sector Docsity.com 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 Docsity.com 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 Docsity.com