1. Equality and non-discrimination in the workplace
Vongai Masocha
Multinational Entreprises and Entreprises Engagement Unit, ILO

2. Quiz
Please answer these questions!

3. Discrimination is a very broad concept
Discrimination is a broad concept that is often difficult to define.
It is an evolving concept. The manifestations and grounds for discrimination are ever-changing and growing as society, technology and cultures evolve.
Therefore, we have to be very aware of the challenge that discrimination presents. Very nuanced
We need to unpack the elements of discrimination and place focus on identifying them rather than defining.

4. International Labour Standards on Equality and Non-Discrimination
Convention (No. 111) concerning Discrimination (Employment and Occupation), 1958
Equal Remuneration Convention, 1951 (No. 100)
Discrimination (Employment and Occupation) Recommendation (No. 111), 1958
Equal Remuneration Recommendation (No. 90),1951
Main aim:
Equality of opportunity and treatment in employment and occupation
Equal remuneration for men and women for work of equal value
To be realized progressively, but steps need to be taken immediately and on a continuing basis.

5. Convention No. 111
Convention (No. 111) concerning Discrimination (Employment and Occupation), 1958
Discrimination includes--
(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
(b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies.

6. Unpacking discrimination
Elements of discrimination in the workplace
1. Factual event or Action
Any distinction, exclusion or preference
Isolation, differentiation, favouritism
2. Prohibited Grounds
Race, colour, sex, religion, political opinion, national extraction or social origin.
3. Adverse effect
On equality of opportunity or treatment in employment or occupation.

7. Grounds for discrimination
Race
Colour
Gender
Religion
Political opinion
National extraction
Social origin
Discrimination is context-specific. Grounds for discrimination change according to the region, country, industry or even company.
Do you have examples of grounds for discrimination that are quite specific to the context of a job, your country or region?
Disability
Health status
Age
HIV/AIDS status
Pregnancy
Nationality
Family responsibilities
Sexual orientation
Trade union membership

8. Adverse effects on equality of opportunity or treatment
According to Convention No. 111, discrimination “has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”.
Very deliberate wording. Why?
The use of the expression is a drafting technique to address the issue of direct and indirect discrimination.
How do we define direct and indirect discrimination??

9. Direct and Indirect Discrimination
Indirect discrimination refers to situations, measures or practices that are apparently neutral but which in fact have a disproportionately negative impact on persons from a certain group. Because of its more hidden nature, it is the most difficult to tackle.
Direct discrimination arises when an explicit distinction, preference or exclusion is made on one or more of the prohibited grounds. 

10. Unpacking discrimination
Direct discrimination
Indirect discrimination
Expressly limiting opportunities to members of certain groups: “Looking for a male technician, aged years…’’
Expressly excluding members of certain groups: “Single parents need not apply…’’
Sexual harassment
Pregancy test as part of recruitment procedure
“…must be at least 1.70m.’’
 “Training provided in the evenings.’’
‘‘must undergo and pass medical examination.’’
‘‘pre-entry medical examination required.’’
Inadequate facilities in the workplace, e.g. ramps, sanitary provisions in bathrooms. (i.e. failure to make reasonable accommodation)
Who might be discriminated against in these examples, and on what grounds?

11. Indirect discrimination and gender
Gender-based discrimination in the workplace is often manifested indirectly:
The workplace mirrors and reinforces discrimination in other social spheres, e.g. family, community, school and the political arena.
Cultural norms and the perceptions of women and their role and status in society
Domestic responsibilities and pressures
Unequal division of paid and unpaid work between men and women

12. Indirect discrimination and gender
As a result…
Spotlight on women in global supply chains
A significant number of workers in the global
supply chain are women. They are a large
majority in certain sectors
Despite this, they are still disproportionately
disadvantaged in comparison to male workers:
relegated to labour-intensive work that requires manual dexterity, at the bottom of the supply chain
low wages
rare or no career advancement or promotion opportunities (e.g. line manager or floor supervisor)
excessive hours without overtime
maternity protection
difficult and unsafe working conditions, including sexual harassment from managers and violence in the workplace.

13. Timeline of discrimination
The employment relationship has many different phases or elements.
It is necessary to identify these, and the different ways in which discrimination may manifest at each one.
recruitment
performance review
remuneration
transfers and re-assignments
hours of work and rest
promotion
paid holidays
training opportunities
maternity protection
calculation of benefits
security of tenure
social security
job assignments
occupational safety and health
termination of employment
Exercise
In pairs, can you identify a risk of discrimination that could manifest at a single point in the employment relationship. Identify the:
i. Factual event
ii. Ground for discrimination
iii. Effect

14. Guidance from the ILO Business Helpdesk: Can discriminatory actions ever be justified?
Q. Is there any distinction, exclusion or preference which is not considered discriminatory?
“Inherent requirements of the job”. This means genuine occupational requirements- Convention No.111
To be determined on an objective basis and should take account of individual capacities, and not perceptions of the capacity of particular groups.
E.g. Technological advancements have made many jobs more accessible to:
people with disabilities.
women or men with smaller builds. Machines with power steering have made it possible for women to drive trucks; automated platforms, forklifts, etc.
older workers
Differentiation based on qualifications, skill and experience is legitimate.
Disparities in remuneration that reflect differences in years of education or the number of hours worked are also acceptable.

15. Can discriminatory actions ever be justified?
BUT! Easier said than done.
The “inherent requirements of the job” argument is often and easily abused in practice.
The ILO Committee of Experts on the Application of Conventions and Recommendations explains:
“When qualifications are required for a particular job, it may not be simple to distinguish between what does and what does not constitute discrimination. It is often difficult to draw the line between bona fide requirements for a job and the use of certain criteria to exclude certain categories of workers.”
The justification should be interpreted and applied restrictively.
Careful examination required

16. Guidance from the ILO Business Helpdesk: Can discriminatory actions ever be justified?
Q. Is there any distinction, exclusion or preference which is not considered discriminatory?

17. Guidance from the ILO Business Helpdesk: Can discriminatory actions ever be justified?
Q. Is there any distinction, exclusion or preference which is not considered discriminatory?
Enterprise compliance with government policies designed to correct historical patterns of discrimination and thereby to extend equality of opportunity and treatment in employment does not constitute discrimination.
The Indigenous and Tribal Peoples Convention , 1989 (No. 169) encourages governments to ensure that indigenous peoples benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population and assist them to eliminate socio-economic gaps that may exist between indigenous and other members of the national community. 
Examples of these types of government initiatives and policies in your home countries?
At what point do we cross the line between correcting for

18. Business Practices: Preventing risk of discrimination
Easier said than done- especially with indirect discrimination.
The key is progressive realization, as more and more instances arise.
Dialogue with workers and their representatives is a powerful tool in assessing areas within the business where there are risks of discrimination.
Direct discrimination is easier to identify and rectify. Often, simply have to stop the discriminatory behavior through:
Awareness raising and capacity building of management and other workers
Sensitivity and diversity training
Developing workplace tools for identifying instances of discriminatory or unfair treatment
Reasonable accommodation of individuals who are vulnerable to adverse effects of discrimination in the workplace
Warning of sanctions against prohibited conduct.
With indirect discrimination, an objective analysis of the system in place is required.

19. Business Practices: Remedies
Access to remedies are a big issue in the discrimination discourse.
Because the grounds of discrimination are mostly rooted in fundamental and human rights, there are often legal, civil or even criminal implications where unfair discrimination has been identified in a business policy or practice.
However, there is potential in cases where consultation and dialogue mechanisms are available and institutionalized in an enterprise.
The institutionalization of grievance handling mechanisms with workers’ representatives is a particularly effective tool
Access to fast, effective, free, and responsive remedies

20. Quiz!
Please answer these questions

21. Equal pay for work of equal value
Equal Remuneration Convention (No. 100), 1951
Remuneration means:
Salary or wage
Any other income or benefits
Directly or indirectly paid
In money or in kind
The objective of this Convention is to promote objective appraisal of jobs on the basis of the work to be performed, without regard to gender.
Assessment based on:
work components
responsibilities
skills
efforts
working conditions, and
main results.

22. Equal pay for work of equal value: Government
Governments have a duty to ensure that there are mechanisms in place to allow for the objective determination of wages and benefits through:
national laws or regulations;
legally-established wage setting mechanisms: sectoral or national level;
collective agreements between employers and workers; or
any combination of these various means.
Should not weaken any one or combination of these mechanisms as a means to attract foreign investment and business

23. Equal pay for work of equal value: Business
Show awareness and respect of relevant laws, regulations and guidelines
However, most countries have basic non-discrimination and equal pay provisions
Gaps in national law are very common in this area
Labour inspection, enforcement bodies
National policies on pay equality often not coherent
Where the law is insufficient, truly a need for companies to go beyond legal parameters to address this issue through company policies and practices.
The workplace is the key entry point, using collective bargaining and social dialogue as a vehicle to raise and institutionalise these issues.

24. Role of the ILO in building capacity
Video-
Gender-Neutral Job Evaluation for Equal Pay: a Step-by-Step guide
A practical guide to be used when implementing the principle of equal remuneration for work of equal value, free from discrimination based on gender, as enshrined in the ILO Equal Remuneration Convention.

25. Role of the ILO in building capacity
Newer guide, which may be used in a number of ways, including to:
raise awareness and understanding of the principle of equal remuneration for work of equal value;
help apply the principle in national law and practice;
assist national equality bodies in promoting the principle;
help wage-fixing institutions in applying the principle;
negotiate equal pay provisions in collective agreements;
develop workplace policies, including job evaluation methods;
provide trainers with information and examples for awareness raising and capacity building;
provide a basis for ratification of Convention No. 100;
improve application and reporting of Convention No. 100;
encourage measures for realizing rights at work under the ILO Declaration on Fundamental Principles and Rights at Work, and improve related reporting.

26. Other key activities by the ILO surrounding non-discrimination and gender equality in the workplace
A global network of MNEs, national employers’ organizations, business networks and disabled people’s organizations working in collaboration to promote disability inclusion in the workplace.
Bringing discrimination in the workplace based on disability to the mainstream.
Mission is to raise business awareness about the positive relationship between the inclusion of people with disabilities in the workplace and business success.
Companies range from largest MNEs to small SMEs in the supply chain. Larger companies work to raise capacity of SMEs through knowledge-sharing and joint activities at international, national and local levels.

27. Thank you!!