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In Rwanda, in the workplace, there is a law regulating labour. It provides for equal opportunities and equal payments for women and men, it gives the right for a women who gives birth during three months of maternity leave to receive a full salary, it allows pregnant women or women breastfeeding to receive good working conditions and lastly the law prohibits sexual harassment at work.

Irebe-Neila Mukunzi

Reference:
Anon, Laws & Policies for Gender. Available at: http://gmo.gov.rw/index.php?id=570 [Accessed October 15, 2021].

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Equality legislation against discrimination in Rwanda

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Equality legislation against discrimination in Rwanda

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Dicrimination in Rwanda is strictly prohibited in different provisions of the 2003 Constitution of Rwanda, in different pieces of legislation and in international and regional human rights treaties ratified by Rwanda. According to the 2003 Constitution “eradication of discrimination and divisionism based on ethnicity, region or on any other ground as well as promotion of national unity” is one of the fundament principles which have to be maintained by the State. Rwanda is one of the very few African countries whose constitutions criminalise discrimination and different laws have been enacted to deal with the offence of discrimination.

Irebe-Neila Mukunzi

Reference:
Mujuzi, J.D., The right to freedom from discrimination in Rwanda - jamil DDAMULIRA mujuzi, 2020. SAGE Journals. Available at: https://journals.sagepub.com/doi/abs/10.1177/1358229120956497 [Accessed October 15, 2021].

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Gender inequality exists in the Kenyan society just like other African countries, and was promoted by colonialism where women were not allowed to run for political offices or have Identification cards. It was also and is still being promoted by the roles different cultures and society have allocated to Kenyan women thus making them subordinate to the men. Religion also has a role in promoting gender inequality in Kenya. Islam for example allows the men to have up to four wives but does not say anything about allowing their women the same number of husbands. The whole issue of marring more than one wife should be done away with if there are no plans to let the Islam women to do the same. Catholics also promote gender inequality in that, women are not allowed to be priests (fathers) thus they can not be popes. Catholic women can only be nuns, meaning that they can not conduct mass, they just set up the alter for the priest and help him to give sacraments. the women should be allowed to make decisions on their own and not have to follow what the man‘ is saying.  Gender inequalities is a contributing factor to the slow development in Kenya. This is because, not all the human capacity is being used. Kenya has a large population mostly constituting of women, but the women are not being used or allowed to play prominent roles in the decision making process. No woman has ever held the position of vice president or even president, even though the constitution allows the women to vie as presidents. Kenya should use all the human capacity it has to enable it to develop faster. The key areas of gender inequality are; the health and education sector, economy and workplace, Culture and religion. These areas are where gender inequality is at a high level in Kenya. Cheruto (2006), just as any other woman in Kenya and Africa, believes that equity in Kenya can be achieved through Resocialization and Cultural Reorientation. Finally, the author recommends for effective integration of Kenyan women into the development process by doing away with victimization.

Stephen Warinda

reference
Cheruto J.K,(2006)Gender Inequality in Kenya, United States International University(online) Available at:https://thesiscommons.org

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Gender Equality Legislation Statute  in DRC 

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Gender Equality Legislation Statute  in DRC 

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By the Congoloses law, there are different regulations put in place to support the principle of non-discrimination and equivalent treatment in the workplace to reinforce the principles of equal rights, opportunity and sex.  Under the provisions of Article 36, paragraph 3, the Constitution provides that ‘no one may be harmed in their work because of their origin, sex, opinions, beliefs or socio-economic conditions’. This further stipulates that all Congolese have the right and the duty to contribute through their work to the national construction and prosperity. It is therefore forbidden to harm any Congolese citizen in his/ her work, particularly because of his/ her gender. In addition, based on Article 14 of the Constitution, Act No. 15/013 of 1 August 2015 laying down detailed rules for the fulfilment of women’s rights and gender equality sets out terms and conditions for the fulfilment of women’s rights and gender equality.  Under Article 20, Act No. 15/013 of 1 August 2015 prohibits any discrimination in employment on the basis of sex, particularly based on a worker’s marital status, family situation or with regard to women, on their pregnancy status. Prohibition of this form of discrimination shall apply to any harmful practice-related, in particular, to hiring, assignments, conditions of employment, pay and other benefits, promotion and termination of the employment contract. The State encourages, through incentive measures, employers hiring women to remedy existing inequalities and adopting policies to better reconcile family and professional responsibilities such as flexible and variable working hours, full-time and part-time employment, other work and social security conditions.

Naokoka Balaluka Naomie .

Reference:
WORKPLACE GENDER EQUALITY IN THE DRC: A CRITICAL ANALYSIS OF EXISTING LEGISLATION Author first name: Mr THEODORE KASONGO. (nd). [online] Available at: https://www.phsdsbc.org.za/wp-content/uploads/2018/08/Full-paper-for-the-8th-ILERA-Africa-Regional-Congress.pdf [Accessed 6 Oct. 2021].

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In the world, some progress on women's rights has been achieved. Although, many works remain in terms of gender equality to be done in Benin.
For example, 30.6% of women aged 20–24 years old who were married or in a union before age 18. The adolescent birth rate is 108 per 1,000 women aged 15-19 as of 2016, up from 94 per 1,000 in 2014. As of February 2021, only 8.4% of seats in parliament were held by women. Moreover, women of reproductive age (15-49 years) often face barriers with respect to their sexual and reproductive health and rights: in 2018, 28% of women had their need for family planning satisfied with modern methods.

In December 2020, only 40.1% of indicators needed to monitor the SDGs from a gender perspective were available, with gaps in key areas, in particular: violence against women, unpaid care and domestic work and key labour market indicators, such as the gender pay gap. In addition, many areas – such as gender and poverty, physical and sexual harassment, women’s access to assets (including land), and gender and the environment – lack comparable methodologies for regular monitoring.

Emmanuel Cocou Kounouho

Country Fact Sheet | UN Women Data Hub, 2021. Country Fact Sheet | UN Women Data Hub. [online] Available at: <https://data.unwomen.org/country/benin> [Accessed 6 October 2021].

Barrientos and Project, 2021. Gender Equality in Niger - The Borgen Project. [online] The Borgen Project. Available at: <https://borgenproject.org/tag/gender-equality-in-niger/> [Accessed 6 October 2021].

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Africa

Globally, some progress on women's rights has been achieved. However, work still needs to be done in Benin to achieve gender equality. 30.6% of women aged 20-24 years old who were married or in a union before age 18. The adolescent birth rate is 108 per 1,000 women aged 15-19 as of 2016, up from 94 per 1,000 in 2014. As of February 2021, only 8.4% of seats in parliament were held by women. Moreover, women of reproductive age (15-49 years) often face barriers with respect to their sexual and reproductive health and rights: in 2018, 28% of women had their need for family planning satisfied with modern methods.

As of december 2020, only 40.1% of indicators needed to monitor the SDGs from a gender perspective were available, with gaps in key areas, in particular: violence against women, unpaid care and domestic work and key labour market indicators, such as the gender pay gap. In addition, many areas - such as gender and poverty, physical and sexual harassment, women's access to assets (including land), and gender and the environment - lack comparable methodologies for reguar monitoring. Closing these gender data gaps is essential for achieving gender-related SDG commitments in Benin.

Gender data gaps and country performance

For this score, we use the 72 gender-specific SDG indicators in the Women Count Data Hub's SDG Dashboard for the 193 UN Member States. For each indicator, we calculate the 33rd and 66th percentiles of the distribution and, based on those two values, countries are classified as belonging to high performance, medium performance and low performance categories. For more details, see the methodological note and the article "We now have more gender-related SDG data than ever, but is it enough?"

Low performance

Medium performance

High performance

Missing data

Average region score - Africa

Economic

Inclusive development, shared prosperity and decent work

Social

Social protection, poverty and freedom from violence, stigma & stereotypes

1.3.1 Proportion of mothers with newborns receiving maternity cash benefit.

3.1.1 Maternal mortality ratio (Per 100,000 live births).

3.7.2 Adolescent birth rate (per 1,000 women aged 15-19 years).

5.2.1 Proportion of ever-partnered women and girls subjected to physical and/or sexual violence by a current or former intimate partner in the previous 12 months. Age 15-49.

5.3.1 Proportion of women aged 20-24 years who were married or in a union before age 18 (%)

Before age 15.

Before age 18.

Political

Political participation, accountability and gender-responsive institutions

5.1.1 Legal frameworks that promote, enforce and monitor gender equality (percentage of achievement, 0 - 100)

Area 1: overarching legal frameworks and public life

Area 2: violence against women

Area 3: employment and economic benefits

Area 4: marriage and family

5.5.1

Proportion of seats held by women in national parliaments (% of total number of seats)

Proportion of elected seats held by women in deliberative bodies of local government

5.5.2

Proportion of women in managerial positions

Proportion of women in senior and middle management positions

5.c.1 Proportion of countries with systems to track and make public allocations for gender equality and women's empowerment.

Environmental

Environmental conservation, protection and rehabilitation

3.9.1 Age-standardized mortality rate attributed to household air pollution (deaths per 100,000 population).

6.1.1 Proportion of population using safely managed drinking water services, by urban/rural.

7.1.2 Proportion of population with primary reliance on clean fuels and technology.

Gender-specific indicators

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Globally, some progress on women's rights has been achieved. However, work still needs to be done in Benin to achieve gender equality. 30.6% of women aged 20-24 years old who were married or in a union before age 18. The adolescent birth rate is 108 per 1,000 women aged 15-19 as of 2016, up from 94 per 1,000 in 2014.

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Name: Juliet Mashiri

As a way of addressing damaging and discriminatory traditional practices, Zimbabwe's Constitution, as of 2013, states that" the Constitution recognized gender equality and women's rights among Zimbabwe's founding values and principles. It mandated that the State and all its institutions consider gender equality in laws and policy, to implement measures that provide care and assistance to mothers, and to grant women opportunities to work" (Constitution of Zimbabwe (Amendment No. 20), n.d.)These measures seek to close the equality gap that has long contributed to the rise of child marriages and domestic violence cases. In addition to this amendment to the Constitution, the government has set up the Ministry of Women Affairs, Community, Small and Medium Enterprise Development to support the promotion of gender equality across all government programmes, using the National Gender Policy. Zimbabwe is also a signatory to international conventions and treaties that support gender equality, in particular, the Convention on the Elimination of All Forms of Discrimination Against Women- the CEDAW and the Optional Protocol to the African Charter on the Rights of Women in Africa. (Gender Focus, n.d.)

Despite government efforts to enforce this legislature, Zimbabwe still ranks low in terms of gender equality due to oppressive traditional practices that discriminate against women and young girls from accessing their fundamental human rights, such as access to quality education and forced child marriages.

1. LII / Legal Information Institute. n.d. Constitution of Zimbabwe (Amendment No. 20). [online] Available at: <https://www.law.cornell.edu/women-and-justice/resource/constitution_of_zimbabwe_(amendment_no._20)> [Accessed 6 October 2021].

2. Unicef.org. n.d. Gender Focus. [online] Available at: <https://www.unicef.org/zimbabwe/gender-focus> [Accessed 6 October 2021].

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Despite progressive laws and treaties in support of gender equality, the biggest challenge has been on the implementation of these formal rights and their translation into tangible gains for women and girls. While women and girls constitute 52% of the population, they still lag behind across key sectors in the country

Here are some highlights of other challenges

Maternal mortality remains a cause for concern with 581 per 100 000 live births.

In education, while nearly 78% of the pupils complete primary school, transition to secondary school remains a challenge. For secondary school boys, school fees remain a challenge, while for girls, a combination of early marriage and pregnancy (48%) are issues of concern. (According to (MICS, 2014) one in four girls aged 15-19 are married).

In Child Protection, there are gendered patterns in violence against children, with boys more likely to experience physical punishment, while for girls, sexual violence is a major concern at home as well as school related gender based violence.

In WASH, women and girls retain the burden of fetching water for household use (84% of water carrying done in Zimbabwe is by women and young girls); while menstrual health and hygiene remain major challenges, particularly for adolescent girls, for whom the consequences include negative impacts on ability to effectively attend school.

HIV and AIDS remains an issue of concern with adolescent girls and young women remaining over two and half times more likely to be infected by HIV than boys and young men of the same age group.

Gender Equality requires equal access to and enjoyment by boys and girls, women and men of socially valued goods, opportunities, resources and rewards. Achieving gender equality requires changes in institutional practices and social relations through which gender disparities are reinforced and sustained.

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Despite progressive laws and treaties in support of gender equality, the biggest challenge has been on the implementation of these formal rights and their translation into tangible gains for women and girls.

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Discrimination against persons with disabilities the world over in the realm of employment has been a real problem especially in Ghana, where there are not enough government incentives to help cushion the bad effects of unemployment and redundancy on the disabled.

The disabled in Ghana, thus, can only make ends meet by resorting to begging on the streets or engaging in some vocations.

The few of them who are in employment face problems such as infrastructural deficiencies like the absence of adaptive aides to help them move around easily, for instance, the absence of elevators in storey buildings.
Those in some vocations on their own suffering financial problems and hence cannot expand their ventures to the levels that can help them cater for their needs. Laws made to safeguard their rights are not enforced.
-Diana Nyaama Asilga

Lawn-mower-manual.com. 2021. File:///C:/Users/user/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloa.pdf - Free Download. [online] Available at: <https://lawn-mower-manual.com/htm/file-c-users-user-appdata-local-packages-microsoft-microsoftedge-8wekyb3d8bbwe-tempstate-downloads-p> [Accessed 6 October 2021].

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The article is about the many challenges that disabled people face when searching for employment and even after being employed. Some of these challenges include the attitude of employers towards them, lack of accessibility to most jobs that they are qualified for and inflexible working conditions.

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Last year I sent off more than 140 job applications. Only three led to an interview. I convinced myself I was doing something wrong in my search for a job in the media, but after one bruising encounter I realised it was not me. It was my disability.

I have cystic fibrosis, an invisible illness that affects my lungs which means my needs are often less obvious. What I need from potential employers is a commitment to a legal requirement called a "reasonable adjustment" to the normal terms and conditions offered to staff. For me this would mean a guarantee that I can work flexible hours and from home if needed, and take time off for hospital appointments.

I have been shielding during the pandemic and unable to leave my house for the past year. In May 2020 I was delighted to be called for an interview for a deputy editor role at a small media company. When I requested to have it online, rather than face-to-face, I was shocked when the interviewer went on to ghost me. Before my request for an online interview I was told I was a strong candidate.

Getting a job is hard, but having a disability makes it harder. There are currently about 8.3m disabled people of working age in the UK, but only 4.4m are in work. According to Scope, the disability charity, disabled people are almost twice as likely to be unemployed compared with others in the UK. They also apply for 60 per cent more jobs than non-disabled counterparts before securing employment.

People weren't asking to work from home so they could be lazy. They were asking to work from home so that they could be more productive

Jane Hatton, chief executive at Evenbreak

Caroline Casey, founder of The Valuable 500, a collective that has secured commitments from 500 global chief executives to advance disability inclusion within their organisations, says disabled people face various barriers at work. These include employers' and colleagues' attitudes, lack of accessibility and inflexible working conditions.

"It's exhausting dealing with stigma and stereotypes," she says, "and that's before you even get into the recruitment process."

Job applications

The decision about whether to disclose disability on job applications divides the disabled community. Many worry that being open will lead directly to rejections from employers. Despite the Equality Act 2010, which makes disability discrimination illegal, when it comes to job applications and CVs, disabled people rarely have proof of their mistreatment.

Shani Dhanda, 33, is a disability specialist and entrepreneur, who was born with a rare genetic condition called osteogenesis imperfecta (OI), known as brittle bones.

After leaving school aged 16, Dhanda applied for more than 100 jobs but failed to get a single interview. "I had one sentence in my covering letter that said I have a condition but specified that I don't need any adjustments."

Once Dhanda decided to remove any mention of OI from her covering letter, she was immediately offered an interview that resulted in a job offer.

Now Dhanda writes her CV in a way that presents her condition as a skillset. "It's encouraging when I see an employer is signed up to things like the Disability Confident Scheme, and talks about adjustments and flexibility on their careers page. Now I judge the company on their actions and values before I decide to apply."

Because so many people have had to work from home during the pandemic, disabled people have had flexibility to manage their health alongside their careers. But the progress has been bittersweet: before Covid, disabled staff were often denied requests for flexible working patterns. These apparently non-negotiable changes were implemented almost overnight during a global health crisis.

"It's ridiculous it took a global pandemic for businesses to innovate the way they allow employees to work." Dhanda says. "I think in the future world of work, flexibility needs to be key. This will help more disabled people get employed and stay in work."

Recommended

Hortense Julienne, founder of Miss Nang Treats, a plant-based range of snacks, and author of two cookbooks, suffers from a rare disease called desmoid, a recidivist tumour that destroys bones and the muscles around it. After several operations she suffers from chronic pain and has little use of her left upper arm.

For Julienne, disclosing her disability on job applications was never an option: "My intention was always that, if I got the job, I would prove them right for choosing me." But after little success in securing a position she stopped applying and started her own company.

"Becoming self-employed has given me more control. I no longer have to continually prove I can do a job to people who assume my disability makes me stupid," she says.

Hesitant employers

According to a study by Leonard Cheshire, a UK charity supporting disabled people, one in five employers are still hesitant to employ a disabled person. The proportion of employers who say their organisation employs any disabled staff fell to 33 per cent in 2020.

Subira Jones is a life coach and corporate burnout prevention consultant. She was working as an investment analyst when she was diagnosed with multiple sclerosis, a condition that affects the brain and spinal cord.

She was 25, and after a year of debilitating symptoms, she decided to take a career break. After five months she was able to return to work.

"I was a sought-after candidate, receiving numerous calls from recruiters who wanted to represent me," she says. "But from the moment I said I needed a part-time or flexible position due to my disability, they became hesitant. As soon as the recruiter hung up, I knew I was not going to hear from them again."

Mentioning her disability ran the risk of her being overlooked, so she became scared to declare it. "When an employer sees that a candidate has a disability, they make an assumption that the individual will not be able to successfully deliver the work needed," Jones says.

She adds that an individual may have the right skills for the job but they may not have the energy or strength to work nine to five, five days a week. This then hinders career progress for disabled candidates: when roles are not advertised as being flexible, it forms an invisible barrier.

If a place did discriminate against me based on my disabilities, it would show me their true colours and I wouldn't want to work for them

Yousra Imran, author and freelance journalist

Yousra Imran, 32, is the West-Yorkshire based author of Hijab and Red Lipstick, a book about a young British Muslim woman growing up between London and the Middle East. She is also a freelance journalist, works in education marketing, and has hypermobile Ehlers Danlos syndrome, a genetic connective tissue disorder, and epilepsy.

Imran always declares her disability on applications as legally companies can't discriminate, and "if a place did discriminate against me based on my disabilities, it would show me their true colours and I wouldn't want to work for them".

Pre-pandemic, her employer had no homeworking policy and she struggled to manage her health while working in an office five days a week. But over the past 18 months, "I have been able to prove I can deliver all my work from home while managing my fatigue levels, so I am hopeful they will be more receptive to flexible working post pandemic."

Culture of openness

Studies show 17 per cent of disabled people are born with a disability, with the rest becoming disabled during the course of their lives.

"Anybody can become disabled at any point," says Jane Hatton, chief executive at Evenbreak, an accessible jobs board for disabled people. Hatton, who has a degenerative spinal condition, wants organisations to create a culture where people can discuss the barriers they face.

Recommended

A May 2021 report from Tortoise Media and The Valuable 500 found there are no executives or senior managers who have disclosed a disability at any of the FTSE 100 companies. The average representation of people with disabilities among employees reported by FTSE 100 companies stands at 3.2 per cent, compared with 18-20 per cent of the UK population.

"It's about creating a culture where it's safe to talk about disability," says The Valuable 500's Casey. "Companies need . . . to create a culture where CEOs are leading the conversation on disability."

At Evenbreak, Hatton tells employers that disabled candidates have the same diversity of experience and qualifications as everybody else, but will have additional skills when it comes to facing barriers or finding different ways of doing things. "It took a global pandemic for them to realise that people weren't asking to work from home so they could be lazy. They were asking to work from home so that they could be more productive."

She suggests companies could even share case studies of current disabled employees to help demystify "preconceived ideas" of what disability actually is.

As a 22-year-old graduate starting out in the working world, I will continue to disclose my disability on job applications. If my CV is good enough without mentioning it, then it is good enough when I include it. It is not disability that could hold me back, it is discrimination.

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Discrimination at work: 'I was shocked when the interviewer ghosted me'

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Last year I sent off more than 140 job applications. Only three led to an interview. I convinced myself I was doing something wrong in my search for a job in the media, but after one bruising encounter I realised it was not me. It was my disability.

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Gender discrimination in the workplace(Adewusi Omobayonle)

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Gender discrimination in the workplace(Adewusi Omobayonle)

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This article was chosen because it looks at one of the most common types of inequality in the workplace, gender discrimination, especially against women.
It focuses on two women, the first one being a doctor who was disrespected by her male colleagues. After bringing it up with the department chair, she was told that she was being too sensitive and overreacting to the situation. The second woman was unfairly fired from her position as an education faculty member even though she qualified for tenure and promotion. According to the article, under Federal law, gender discrimination in which an employee is treated differently or unfairly based on their gender is illegal, however, this seems to be only theoretical in most workplaces and there is still a lot to be done in achieving gender equality.

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As men and women work together, gender discrimination persists in 2021.
getty

The young doctor masked up and took her place around the operating table with the other male physicians at a major hospital in the Northeast. The lead surgeon scanned all four of his team members and said, "Good morning, Gentlemen." The young woman's eyes arched. She said, "Good morning Dr. Taylor," hoping to get appropriate recognition. The lead surgeon ignored her and went on with the operation. When she brought it up with the department chair, he told her she was being too sensitive and over-reacting to the situation. Her male counterparts didn't seem to understand or care that she might have felt dismissed, invisible and insignificant. To some, this might seem like a harmless event, but it's symptomatic of an attitude that often persists under the radar in many different workplaces-even in 2021.

What's wrong with this picture? Under federal law gender discrimination in which an employee is treated differently or unfairly based on their gender is illegal. A study published in February, 2021 concluded that female academic internal medicine hospitalists routinely encounter gender-based discrimination and sexual harassment. Among 18 institutions surveyed, women frequently reported inappropriate touch, sexual remarks, gestures and suggestive looks. And female doctors, more than male doctors, reported that their gender negatively impacted their career opportunities.

In a second scenario, the tenure and promotion committee sat around the Dean of Education's conference table evaluating dossiers of applicants for tenure and promotion. As they scrutinized a female faculty member's credentials, one of the male full professors commented, "She's an old maid. Wonder why she's never been married?" No one spoke up, and the highly-qualified faculty member was never notified of the discrimination that denied her tenure and promotion. She was fired from her position, despite the fact that the prominent university clearly states it doesn't discriminate on the basis of gender.

Gender inequality still exists for women who have fewer leadership prospects in the workplace, ... [+]
getty

What's wrong with this picture? Federal law prohibits a woman from being denied a promotion because of her gender. Another new study published in February, 2021 found that women who show promise early in their academic careers have fewer leadership prospects in the workplace. "Our research clearly illustrates the barriers that exist for women, especially mothers in the workplace," said Jill Yavorsky, assistant professor at the University of North Carolina at Charlotte, who co-led the study. "At the same time, given that even men with low grades go on to attain higher leadership roles than women, this study highlights perhaps the lack of barriers that men face in securing greater leadership opportunities."
Gender Discriminatory Practices In The Workplace
The story of the young female doctor and professor are real-life cases that occur in boardrooms, operating rooms and university conference rooms around the country on a regular basis. Shocking, perhaps, but true. Few will deny we have come far in workplace equality, but we still have a long way to go until women are fully recognized equally to men for their contributions in the workforce. How does an organization build a team when colleagues are marginalized and discredited because of their gender, race or sexual orientation?

It's not uncommon for pregnant or nursing women to be fired while taking time off for childbearing (see my post on the subject here). A landmark Baylor University study found that pregnancy discrimination has a negative impact on the mother's and baby's health. Pregnancy discrimination was linked to increased levels of postpartum depressive symptoms for mothers and lower birth weights, lower gestational ages and increased numbers of doctor visits for babies. Another study found that female workers exposed to sexual harassment in the workplace are at greater risk of suicide (see my post on workplace sexual harassment here).

It's also not unusual for women to receive less pay, fewer benefits, fewer opportunities or to be passed up for jobs or promotions for which they are well qualified. Gender discrimination is explicitly outlawed in the United States under Title VII of the Civil Rights Act of 1964, a federal law that prohibits employment discrimination based on race, color, religions, gender or national origin. Unfortunately, anti-discrimination laws don't always protect women against discriminatory practices, especially subtle interactions or nuanced body mannerisms where they are treated differently. Gender bias persists even in 2021 affecting women, women of color and transgender women.
Steps You Can Take
A CareerBuilder survey reported that 72% of sexual discrimination victims continue to keep quiet for fear of reprisal from their employers. So what do you do if your employer discriminates against you? You can't fire your boss. You can't take over the company and restructure it, but you can take a number of other actions.

Know your rights. Find out your company's policy in regard to gender discrimination from employee handbooks or company policy manuals.

Voice your concern in a firm manner to the person directly responsible for the discrimination or notify your human resources officer, supervisor or manager of the discrimination or harassment.

Keep a log of events. Note the time, location and persons involved. Write a detailed description of the event and explain how it has interfered with your ability to do your job.

Do not destroy any notes or objects used to harass you. Keep them in a safe place.

Contact an employment attorney, if all else fails.

Steps Managers Can Take
Human resource officers and managers are in a unique position to provide the support that employees need to address gender discrimination and harassment by taking these steps:

Establish a workplace culture with zero tolerance for gender discrimination.

Provide flexible schedules to accommodate prenatal appointments and/or medical conditions related to pregnancy.

Keep information channels open and the employee in the loop, specifically with regards to work-family benefits and expectations leading up to leave/returning from leave.

Normalize breastfeeding in the workplace.

Keep dialogue open with an employee about the kind of support a discriminated employee might need.

Offer education about the legal rights of employees of discrimination and make sure these rights are clearly stated in the company handbook.

Conduct onsite training sessions to educate employees about gender discrimination, its effects and how to prevent it. Navex Global is just one example of a firm that offers sexual harassment training courses to organizations to educate their employees.

If you're a leader of an organization, it's in your company's best interest to address the legal responsibilities to which you adhere in regard to gender discrimination. If allowed to continue, the toxicity and dissatisfaction hurts the company's bottom line. Workplace performance eventually drops, and the organization's integrity is compromised. Minimizing, covering up or turning your head the other way, in effect, creates a toxic work culture for all employees. The company becomes a revolving door for workers, and it will be more difficult to attract and retain talented employees who can always find a mentally healthier and more supportive work environment that makes accommodations for gender equality for all workers.

... Read More

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Gender Discrimination Is Still Alive And Well In The Workplace In 2021

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The young doctor masked up and took her place around the operating table with the other male physicians at a major hospital in the Northeast. The lead surgeon scanned all four of his team members and said, "Good morning, Gentlemen." The young woman's eyes arched.

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Documentary Puts Face on Ageism, Financial Insecurity (Okechukwu Uche)

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Agegism in the workplace:Story of Rebbcca Danigelis 

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Agegism in the workplace:Story of Rebbcca Danigelis 

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This article tells the tale of Rebecca Danigelis, a former hotel manager at Maloney properties in Boston, where she worked for a long time until being fired without cause. It demonstrates how age discrimination in the workplace can wreck people's life, even when they have had a great career path. Rebbecca had worked at Maloney properties for almost 40 years until she was abruptly dismissed from work. Rebecca was given two weeks' pay after being fired, and she was forced to vacate the flat she had resided in for the previous years within a year.

Rebbecca's life was made even more difficult by the fact that she had depleted her retirement savings to send her son Regis to college, and her other son was diagnosed with schizophrenia. Her son attempted to assist her in regaining financial stability by assisting her in her job search and teaching her how to use LinkedIn and prepare a resume. However, it was extremely tough and emotionally draining for her because she had to bear the sadness of losing her job, and her "work family" had shattered her, and she was gradually derailing as a result of these events.

Her son, Sian-Pierre Regis, a documentary filmmaker had to find a way to console her by asking her to make a bucket list of everything she wanted to accomplish and places she wanted to visit, and then made a documentary film “Duty-free” about her and her adventures with the goal of starting a dialogue about how people dismantle ageist notions as one intergenerational community as well as using her story to shed light on how people facing similar challenges and make older Americans more visible and included in the society by re0characterizing them for who they truly are: human, capable, productive, useful, beautiful and important. As older Americans are sometimes dismissed as relics: hardened, unteachable, and disposable.

This article appealed to me because it tells the story of a majority of older Americans, not just Rebbecca. It also reveals the extent of age discrimination, as older persons may be ejected from their jobs without warning or justification. It also highlights how devastating it is and makes people feel the work they contributed was in vain and undervalued. The story highlighted the value of storytelling and how it can be used to address concerns and communicate previously untold stories in novel ways and its role in mitigating long-standing issues.

REFERENCES

1. Aversa, R., 2021. A 75-year-old mom lost her job after 50 years with no retirement fund. Here's what her son did.. [online] Usatoday.com. Available at: https://www.usatoday.com/story/life/2021/05/05/duty-free-documentary-follows-fired-75-year-old-housekeeper-her-son/4957517001/ [Accessed 6 October 2021].

2. THORBECKE, C., 2017. Man comforts fired mom by helping her fulfill bucket list. [online] ABC News. Available at: https://abcnews.go.com/Lifestyle/man-comforts-fired-mom-helping-fulfill-bucket-list/story?id=47121037  [Accessed 6 October 2021].

3. Woodruff, L., 2021. Documentary Puts Face on Ageism, Financial Insecurity. [online] AARP. Available at: https://www.aarp.org/caregiving/stories/info-2021/duty-free-documentary.html [Accessed 6 October 2021].

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Danigelis lived for 37 years in the Boston hotel for which she worked, a holdover tenant from when the building had provided affordable housing for women. "My job defined me," Danigelis recalls. "I was on call 24 hours, had never missed a day of work or been late."

When the owners decided to sell the building, they needed her to vacate. Danigelis became increasingly upset at the way she was being treated on the job and fearful of what the future held.

"My mother was the absolute fabric of her workplace, and it was hard to watch this cruel ageism happening to someone I loved," Regis says. "She was panicked at feeling 'managed out' and anxious about what she would do next. As I learned more about the universality of her plight, my instinct as a journalist and filmmaker was to pull out my camera and start filming."

One day, Regis came home to a voice mail message from his mom, who was crying and said she had been fired. As he began to educate himself about her rights, he became more outraged at the way older people are treated in our culture today.

"Our mindset is that the older generation is expendable and disposable," Regis observes. "My generation needs to change this mindset, to care more about our elders and create better systems to support their inclusion."

Unemployed and soon to be homeless, his mother became one of the one quarter of U.S. adults who have no retirement savings. In fact, a mere 36 percent of Americans think that their retirement planning is on track.

Making dreams come true

With his mother having no job prospects and nowhere to live, Regis needed to give her a renewed purpose, a sense that life was worth living, even without employment. And that's where the idea of a bucket list came from. He was determined to make his mother's dreams come true, to honor her, after she spent a lifetime sacrificing for her loved ones.

Regis raised $60,000 through a Kickstarter campaign, and then he and his mom began to work down the list, from skydiving to going to London to reconnect with the daughter whom Danigelis sent away to be raised by her sister in England some 50 years ago. She and Regis also embarked on simple joys like learning to milk a cow and hip-hop dancing.

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Documentary Puts Face on Ageism, Financial Insecurity

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Danigelis lived for 37 years in the Boston hotel for which she worked, a holdover tenant from when the building had provided affordable housing for women. "My job defined me," Danigelis recalls. "I was on call 24 hours, had never missed a day of work or been late."

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Gender Inequality In Terms Of Right Of Women And Children In Ghana And How Is Solved

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Gender Inequality In Terms Of Right Of Women And Children In Ghana And How Is Solved

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Although Ghana has ratified most of the international legal instruments which provide for the protection and promotion women’s rights including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and particularly, the Convention on the Elimination of All Forms of Discrimination Against Women, much work remains to be done in relation to domestication of these provisions in the national laws to promote gender equality and protect women’s rights. In light of the information, the Initiative for Gender Equality and Development in Africa (IGED-AFRICA) and the Global Initiative for Economic, Social and Cultural Rights respectfully suggests that the CEDAW Committee urge the State party to:

1. Utilize a gender perspective and rights-based approach in the implementation of relevant land and housing laws and policies, so as to prioritize and realize the land, property and housing rights of women in Ghana.

2. Enact into law the Spousal Property Bill and Intestate Succession Bill as soon as possible in order to ensure effective protection of women’s land, property and housing rights.

3. Reflect women’s land, property and housing rights within the Constitution review process currently ongoing in Ghana.

4. Provide mandatory training on gender equality, women’s land, property and housing rights for administrators at every level within the Ministry of Housing, Rent Control Offices and other relevant offices.

5. Initiate a national awareness-raising campaign to educate Ghanaians on the changes in laws, policies and programs that have been initiated to protect women’s land, property and housing rights. A campaign through posters, television and radio should be utilized to reach as many Ghanaians as possible, including in rural and remote areas. Specifically, such a campaign should address Intestate Succession Law, 1985 (PNDCL 111) and women’s equal rights of inheritance.

6. Provide education and training at the grassroots level to raise awareness of women’s land, property and housing rights and promote gender equality. Informational sessions that target landlords, tenants as well as police officers, judges, traditional leaders and other members of the community could enhance knowledge, change attitudes thereby reducing violations of women’s land, property and housing rights.

7. Ensure that the housing policy is implemented in a manner that addresses the needs of poor women and that an evictions policy developed, designed and implemented to protect slum 6 dwellers’ right to housing and to provide guidelines for local authorities to follow where evictions may be unavoidable.

8. Place adequate structures and resources in place to ensure proper implementation of the Domestic Violence Act.

9.Conduct investigations into the allegations of women as witches in Northern Ghana and sensitize the community to put an end to banishing women from their communities. An immediate directive and a law in the long term should be promulgated in this regard to secure protection for these women and their children. Women and children who have been kept in witch camps should be released and integrated into their communities.

10. Establish and maintain relationships with grassroots organizations and civil society groups working on these issues so that information can be shared regarding best practices and patterns of violations found to be occurring

PARALLEL REPORT TO THE UNITED NATIONS COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN Ghana, 59th Session ( Submitted by: Initiative for Gender Equality and Development in Africa (IGED-AFRICA) and Global Initiative for Economic, Social and Cultural Rights (GI-ESCR). (2014). [online] Available at: https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/GHA/INT_CEDAW_NGO_GHA_18389_E.pdf [Accessed 6 Oct. 2021].

SANDRA MENSAH

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The Nigerian federation is divided into six geo-political zones. These zones exhibit differentials in inequality reduction over the years. The problem of inequality in these zones can be traced to British colonial policies which laid the foundation for North-South regional divisions in infrastructure, religion, educational systems, gender norms, and a variety of other factors. Geographic differences have also played a role in the divide. An arid climate and proximity to the Sahara Desert render the North more vulnerable to the effects of climate change, while the oil industry in the Niger Delta produces environmental degradation e-damage in the South.

Although the data are not directly comparable across the years owing to differences in the way they were collected, they indicate the presence of a consistent North-South divide. The proportion of people living in poverty in the North–Central region rose from 32 percent in 1980 to 67 percent in 2004. The report said the North–West, and North-East zones of the country recorded the highest poverty rates with 70 and 69 percent, respectively, in 2010 while the South–West recorded the lowest at 49.8 percent.

This article talks about the increasing inequality in Nigeria which has been of growing interest to scholars, international political observers, and the Nigerian public since the creation of the country in 1914 by the British colonial masters.

The focus of this article is on the extent to which the practice of democracy in Nigeria’s Fourth Republic has contributed to the reduction of inequality. The article begins with the dimensions of inequality in Nigeria which include Regional inequality. The study shows that democratic governance has not adequately bridged the inequality gap in the country.

-Eunice Etim Effiong

https://journals.sagepub.com/doi/full/10.1177/0169796X13516340

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Increasing inequality in Nigeria has been of growing interest to scholars, international political observers, and the Nigerian public since the creation of the country in 1914 by the British colonial masters. The focus of this article is on the extent to which the practice of democracy in Nigeria's Fourth Republic has contributed to the reduction of inequality. The article begins with the dimensions of inequality in Nigeria. The study shows that democratic governance has not adequately bridged the inequality gap in country. The article further identifies reasons for the failure of democratic governance to address the problem of inequality successfully. It also discusses reactions of Nigerians to widespread inequality.

REFERENCES

Adenikinju, A.A. (2012). Challenges of fiscal federalism in Nigeria. Retrieved February 19, 2013, from http://www.tribune.com.ng/index.php/complete-business-package/48403-challenges-of-fiscal-federalism-in-nigeria
Google Scholar

Adesina, J.O. (2012). Beyond the social protection paradigm: Social policy in Africa's development. Canadian Journal of Development Studies, 32(4), 454-470.
Google Scholar

Adesopo, A.A., Asaju, A.S. (2004). Natural resource distribution, agitation for resource control right and the practice of federalism in Nigeria. Journal of Human Ecology, 15(4), 277-289.
Google Scholar

Aiyede, E.R. (2009). The political economy of fiscal federalism and the dilemma of constructing a developmental state in Nigeria. International Political Science Review, 30(3), 249-269.
Google Scholar

Dijkstra, G. (2011). Mutual interests-mutual benefits: Evaluation of the 2005 debt relief agreement between the Paris club and Nigeria. Main Report. Ecorys Nederland BV and Oxford policy management.
Google Scholar

Dike, V.E. (2008). Planning in Nigeria's uncertain environment. Retrieved January 8, 2013 from www.nigeriavillagesquare.com
Google Scholar

Giovanetti, G., de Haan, A., Sabates-Wheeler, R., Sanfilippo, M. (2011). Successes in social protection: What lessons can be learned? Canadian Journal of Development Studies, 32(4), 439-453.
Google Scholar

ICG (2010). Northern Nigeria: Background to conflict. International Crisis Group (ICG) Briefing paper, Retrieved February 15, 2013 from www.crisisgroup.org
Google Scholar

Mabogunje, A.L. (2010). Systems approach to a theory of rural-urban migration. Wiley Online Library.
Google Scholar

Sahara Reporters (2012). Nigeria: The worst and most inhuman subsidy! Retrieved from http://saharareporters.com/article/nigeria-worst-and-most-inhuman-subsidy
Google Scholar

Umukoro, N. (2013). Poverty and social protection in Nigeria. Journal of Developing Societies, 29(3), 305-322. |
Google Scholar SAGE Journals

Van Zeijl, F. (2013). Mediocrity overtakes graft, wrecks Nigeria. The Guardian Newspaper, 29(12), 514. Retrieved April 2, 2013, from www.guardiannews.com
Google Scholar

WRAPA (2004). Women's rights advancement and protection alternative. Retrieved February 5, 2013 from wrapanigeria.org
Google Scholar

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Democracy and Inequality in Nigeria - Nathaniel Umukoro, 2014

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Increasing inequality in Nigeria has been of growing interest to scholars, international political observers, and the Nigerian public since the creation of the country in 1914 by the British colonial masters. The focus of this article is on the extent to which the practice of democracy in Nigeria's Fourth Republic has contributed to the reduction of inequality.

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Some of the instances of Inequality in Rwanda

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Some of the instances of Inequality in Rwanda

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This article highlights inequality in the health care system, whereas it is shown that female headed households make lower payment than male headed household, in the community based health care facilities. Though this system has been implemented to help the impoverished communities in financing their health care facilities, it is seen that there have been instances of inequality. The Government is working towards correcting that.

Melissa Igihozo Ngwinutete

References:
CHIRWA, G.C., SUHRCKEL, M. and MORENO-SERRA, R., 2021. Socioeconomic inequality in premiums for a community-based health insurance scheme in Rwanda. Health Policy and Planning, 36(1), pp.14-25. [viewed 05 October 2021]. Available from:
https://doi.org/10.1093/heapol/czaa135

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Samira Ahmed wins BBC gender discrimination case (Okechukwu Uche)

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Gender Pay Gap: Samira Ahmed brought a lawsuit against the BBC over unequal pay rights, and she won the case.

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Gender Pay Gap: Samira Ahmed brought a lawsuit against the BBC over unequal pay rights, and she won the case.

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This article tells the story of Samira Ahmed, a well-known BBC broadcaster who hosted the popular Newswatch program on BBC Breakfast. Samira launched a complaint against the BBC Corporation, alleging that she was underpaid compared to her colleague "Jeremy Vine," who was anchoring a very similar program of equivalent worth to Samira's because she was of a different gender.

The corporation was clearly in violation of the British Government's Equal Pay Act, which requires employers to pay men and women equally as well as provide equal benefit to the person of the opposite sex when they are doing the same work or similar work. The act was passed in order to prohibit wage discrimination and to help women employees overcome salary disparities. The BBC's defense was based on the differences in the profiles of Newswatch and Points of View, the public profile/level of audience recognition of Ms. Ahmed and Mr. Vine, the market rate payable for both individuals, the types of contract they were both engaged in and the market pressure when Mr. Vine negotiated his terms of pay, all of which were set in a context where a rival broadcaster had made an offer for his service. BBC was required to prove that the salary disparity (£3,000 and £440) was due to a neutral factor other than gender.

They were unable to provide an explicit rationale. The tribunal determined that the difference between the two programs was minor and had no impact on the work performed by the presenter or the requisite skills and expertise. It was also unclear why ‘a glint in the eye’ or ‘being cheeky’ translated into a skill or experience to execute a job, according to BBC. It was also clear that BBC had no clear pay structure and records of how the pay level for the two presenters was determined, disputing the factor of profile BBC claimed to use as it was discovered that Ms. Ahmed was being paid the same as a colleague who had no broadcasting experience. The tribunal unanimously agreed that Samira Ahmed and Jeremy Vine did equal work, and BBC failed to show that any of the five defense elements contributed to the salary being established at that level. The BBC was unable to refute the presumption and demonstrate that the pay disparity was not due to gender.

I chose this article because it chooses that even large corporations have gender pay disparity. It highlights Samira’s courage in taking action against her own employers, as well as the illegal pay culture that had been ongoing within the company, where a majority of the female employees were discriminated against and paid low which prompted the UK’s Equality and Human Rights Commission launch an investigation into the alleged discrimination against women after Carrie Gracie (famous BBC China editor) resigned from her role due to illegal pay culture within the company.

REFERENCES

1. Nilsson, P. and Di Stefano, M., 2020. Samira Ahmed wins BBC gender discrimination case. [online] Ft.com. Available at: https://www.ft.com/content/38336118-33b5-11ea-a329-0bcf87a328f2 [Accessed 6 October 2021].

2. Rothman, M., 2020. Samira Ahmed v BBC. [online] Bindmans LLP. Available at: https://www.bindmans.com/insight/blog/samira-ahmed-v-bbc [Accessed 6 October 2021].

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Samira Ahmed wins BBC gender discrimination case

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Tribunal ruling in equal pay dispute could leave broadcaster open to series of future claims

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The republic of Kenya has a proactive and strict legislation embedded in the government’s constitution protecting and promoting human rights in every aspects of the country including in the workplace. The constitution of Kenya clearly states that all human beings are born free and equal under the basic rights of human and no one is above the law. Thus, all citizens should be treated equally with no discrimination. According to the Employment Act, 2007 every employer should ensure that men and women receives equal payment for work of equal value without any discrimination. To add on, it is a liable offence discriminate in remuneration matters as clearly stated in the constitution.

Additionally, the constitution of Kenya 2010 creates an emphasis on the non-discrimination policy which prohibits any form of discrimination either directly or indirectly against any citizen on the basis of race, gender, health status, disability, religion, culture, ethnic group, age, dressing, language, birth or health status. In addition, the Employment Act in reference to employment, outlines that a person’s access to any institution, employment or faculty, or any leisure shall not be denied based on one’s belief or religion. The Act further prohibits any form of discrimination from employer against a current or prospective employee or worker on the basis of the aforementioned forms of discrimination while they are at the workplace.  This is in addition to gender equality where women are allowed to seek for work and be employed in the same industries of their choice as men including mining sector.

Lastly, the Labour Relations Act and Persons with Disabilities Act 2003, prohibits any form of discrimination against any person with disabilities. The Act clearly states that no person with disability should be denied access to opportunities suitable for employment. A qualified worker with a disability should be able to have equal treatment, same terms and conditions when it comes to compensation, benefits, allowances as an able- bodied employees. The act as states that an employee with disability is entitled to exemption of tax at all income leave accruing from their employment.
-Serah Samuel

WageIndicator subsite collection. (2020). Fair Treatment. [online] Available at: https://africapay.org/kenya/labour-laws/fair-treatment-at-work [Accessed 5 Oct. 2021].

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Women In the Banking Sector and Ageism in the workplace. 

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Women In the Banking Sector and Ageism in the workplace. 

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1) Bank One. 2021. Women In Banking-Bank One. [Online] Available at: https://bankone.mu/en/women-in-the-banking-sector/ [Accessed: 06 October 2021].

I found this article via Linkedin so inspiring in that, it passes across a message of women in the banking sector (my area of Interest) not to try to conform or adapt to a 'man's world', rather, she should be valued for her own unique contribution in the workplace.

2) VANTAGE Aging,(2021). Ageism in the Workplace-How age discrimination affects businesses. [Online] Available at:
https://vantageaging.org/blog/ageism-affects-us-all/ [Accessed 06 October 2021]

Ageism has silently built up stereotypes and myths that go a long way to affect businesses and individuals. I found this article fascinating as it went on to highlight some losses an organization may face upon practising ageism or inequality due to age differences.

-Blessing Lum-

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Please read the following important information before accessing this Website:

This Website is owned and operated by BANK ONE LIMITED and the use thereof indicate that you accept the Bank's Terms and Conditions of Use.

If you do not agree to the Terms and Conditions of Use, you should not use the Website.

The Bank may, at its entire discretion, at any time and without notice, modify or update such Terms and Conditions of Use. Such changes shall be effective immediately and you shall be deemed to have accepted same if you continue to use the Website.

Although the Bank endeavours to provide correct information on its Website, it does not give any warranty express or implied as to its accuracy, completeness and reliability.

The Bank does not accept any liability for any errors or omissions of whatsoever nature as regards information, materials, functions and applications contained in its Website or as to any third-party Websites linked to or from its Website.

1) Information available on the Website are allowed to be printed and / or downloaded for personal use only and not for commercial purposes.

You may not reproduce, transmit or store any information contained on the Bank's Website on any other Website without the Bank's written permission.

2) The Website is intended to provide general information on the Bank and its products and services.

No information contained on the Website shall constitute or is intended to constitute financial, legal, accounting, investment or other professional advice or services. You are advised to take professional advice from a suitably qualified professional or adviser before taking any decision relating to your finances or business.

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5) The Bank agrees to make reasonable efforts to ensure full performance of its Internet Banking transactions. The Bank will be responsible for acting only on those instructions sent through Internet Banking which are actually received. The Bank does not assume responsibility for any malfunctioning in communication facilities not under its control that may affect the accuracy or timeliness of messages you send. The Bank will not be responsible for any losses or delays in transmission of instructions arising or caused by any browser software. It will, furthermore, not be accountable should you provide incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

The Bank will not collect any information about you except where it is knowingly provided to us through this Website. The information we collect about you will depend on how you use the facilities offered via this web site.

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Please read the following important information before accessing this Website: This Website is owned and operated by BANK ONE LIMITED and the use thereof indicate that you accept the Bank's Terms and Conditions of Use. If you do not agree to the Terms and Conditions of Use, you should not use the Website.

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Albinos do not only face social challenges, but they also find it hard  to be accepted in the workplaces too".

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Albinos do not only face social challenges, but they also find it hard  to be accepted in the workplaces too".

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-Kirabo Desire-
This article broke my breath in half as it portrayed the challenges that Albinos face for example high sensitivity to sunlight, eyes facing different directions, visual impairments, and uncontrolled eye movements. This vividly portrays that they may face challenges while at jobs as they may fail to perfect their work. Unfortunately, the community or other workmates may find it uneasy to work with them which creates discrimination and unfair treatment whether intended or unintentionally. As a result, employees may start working in favor of the employees who are doing work perfectly without appreciating the albino's vulnerability.  However not all albinos need support to perform well, this article aims at providing support for them in order to make them fit in the workplaces. Several ideas arise in this article calling upon employers to support them with hand magnifiers to ease their sight, breaks, shades and protecting them from being in contact with detergents used for cleaning as their skins may react to them.

News24. 2021. How to accommodate people with albinism in the workplace | News24. [online] Available at: <https://www.news24.com/news24/southafrica/local/maritzburg-fever/how-to-accommodate-people-with-albinism-in-the-workplace-20170920> [Accessed 5 October 2021].

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Gender equality: 'We value men's work more than women's'

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Gender equality: 'We value men's work more than women's'

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-Kirabo Desire-
I chose this article because it vividly brings out how women have been less considered during the pandemic (COVID-19). Men's work is valued more than women's which has bogged women in a quagmire of misery. Investment is being made in construction which is regarded as sector for men thus neglecting health care sector and well being that is dominated by women.  Studies from the institute for fiscal studies portray that women are the most tormented during the pandemic. They have gained a lot of workload  which includes staying  at home taking care of the children, relatives, families and social care sectors yet they are hardly paid or sometimes earning too little to facilitate their homes. This is because these jobs are  considered minor less than the level they should be. Therefore, there is a need for investment in social care for example child care  in order to allow women get back to their jobs as stated by Ms Furlong (BBC ,2020).

BBC News. 2021. Gender equality: 'We value men's work more than women's. [online] Available at: <https://www.bbc.com/news/uk-wales-53444782> [Accessed 5 October 2021].

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Under the 1992 Constitution of Ghana, clearly states that,  every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12).

It also gives indicate that women shall be guaranteed equal rights to training and promotion without any impediments from any person in an organisation. It also indicates that special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave. These will make women working in organisations feel safe not feel threatened by the fear of losing their jobs.

- Diana Nyaama Asilga

Constitutions.unwomen.org. 2021. Constitution of the Republic of Ghana 1992, as amended to 1996. [online] Available at: <https://constitutions.unwomen.org/en/countries/africa/ghana?provisioncategory=b21e8a4f9df246429cf4e8746437e5ac> [Accessed 5 October 2021].

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The constitution of Kenya under the Kenya Law Reform Commission (KLRC) clearly states that every person is equal before the law and has the right to equal protection and equal benefit of the law, all genders have the right to equal treatment, be it political, economic, cultural or social opportunities. The state should not discriminate directly or indirectly against any person on any ground be it sex, race, pregnancy, marital status, health status, ethnic or social status, color, age, disability, religion, conscience, belief, language, or birth.

To give full realizations to the rights mentioned above, the state should take legislative measures including policies designed to redress disadvantaged parties discriminated.
It states that any measures taken should provide for any benefits to be on the genuine need.
In addition to the measures contemplated above, it, therefore, states that the state should take legislative and other measures to implement the principle that no more than two-thirds of the members of the elective or appointive body shall be of the same gender.

Reference
KLRC, (2021). Equality and freedom from discrimination. [Online] Accessed [5th October] Available at:
https://www.klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-rights/part-2-rights-and-fundamental-freedoms/193-27-equality-and-freedom-from-discrimination#:~:text=(1)%20Every%20person%20is%20equal,equal%20benefit%20of%20the%20law.&text=(3)%20Women%20and%20men%20have,economic%2C%20cultural%20and%20social%20spheres.

South Africa's equality legislation
https://www.justice.gov.za/eqcact/eqc_main.html#:~:text=South%20Africa%20as%20a%20country,which%20is%20the%20Supreme%20Law.&text=Everyone%20is%20equal%20before%20the,of%20all%20rights%20and%20freedoms.

-Regina Wachira

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(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

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27. Equality and freedom from discrimination - Kenya Law Reform Commission (KLRC)

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(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.(3) Women and men have the right to equal treatment, including the right to equal opportunities in

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Gender Inequality in the workforce in Kenya.

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Gender Inequality in the workforce in Kenya.

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By Isabel Khira
This article written by Business Daily Africa reports an increase in the gender parity gap in the Kenyan labor force. The author highlights a number of statistics to show that not only do women have a lesser presence in the workforce in comparison to men but also of those employed, very few hold key strategic/ managerial positions in the public and private sectors. We can attribute this problem to unfavorable working conditions for women and a general unwillingness for recruiters to employ women due to the provision of possible maternity leaves and other welfare for these workers. I chose this article because it explains why women cannot contribute effectively to the Kenyan economy and how this hampers the country’s growth. Also, I believe gender inequality at the workplace is one of the most prominent issues in the world today which if not addressed can lead to sexual harassment, unequal pay, and inequality in the distribution of wealth and resources.

References
Business Daily. (2020). Kenya’s workplace gender parity gap growing wider. [online] Available at: https://www.businessdailyafrica.com/bd/data-hub/kenya-s-workplace-gender-parity-gap-growing-wider-2290398  [Accessed 5 Oct. 2021].

Racial discrimination in South Africa: Tshidiso Tolla (2020). Let’s talk about workplace racism - The Mail & Guardian. [online] The Mail & Guardian. Available at: https://mg.co.za/opinion/2020-01-29-lets-talk-about-workplace-racism/  [Accessed 5 Oct. 2021].

-Isabel Khira

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Kenya's workplace gender parity gap growing wider

Earlier this week, "Fortune Magazine" announced that the number of women running America's largest corporations had hit its highest.

This is a milestone for women in corporate but the number still remains quite small at 7.4 percent. Thirty-seven of this year's Fortune 500 are led by female CEOs.

Sub-Saharan Africa, according to the World Economic Forum has 95 years to achieving gender parity.

Kenya, out of 153 nations, ranks 109 on the Global Gender Gap index 2020, representing a drop of 33 positions compared to that reported in 2018.

In Sub-Saharan Africa, Kenya sits at position 20, lagging behind fellow East African nations Rwanda, Uganda, Tanzania and Ethiopia. Rwanda tops the SSA region, while Uganda, Tanzania and Ethiopia are 10, 11 and 13 respectively.

Compared to 2006, Kenya in 2020 has performed worse in the various categories of Gender Gap Index including economic participation opportunity and education attainment. There has however been an improvement in health and survival as well as political empowerment.

The report further indicates that of the legislators, senior officials and managers in Kenya, only 24.8 percent are female. This is despite a near equal literacy level between males and females in the country.

In terms of representation in parliament, the Gender Gap Index shows that Kenya has a female representation of only 21.4 percent. In ministerial positions, the number is only marginally higher at 25 percent with no head of state being female as yet.

In the business front, the situation is similar. Only 13.2 percent of firms have a majority female ownership and only 18.1 percent of the firms in Kenya have women in top management. There is a higher number of women employed part time than men with this being 44.25 percent and 28.9 percent of the labour force respectively.

The Mckinsey Report, dubbed "The Power of Parity: Advancing Women's Equality in Africa", indicates that parity in Kenya is extremely high in the workforce with only 18 percent of leadership posts held by women and 45 percent of the workforce engaged in unpaid care work. This is despite a labour workforce participation of 92 percent.

"Only a relatively small number of economies- namely Botswana, Kenya, Uganda, Rwanda, and South Africa-have made headway, inflating the average score. At the current rate of progress towards parity, it would take 20 years to achieve equality on boards and 118 years on executive committees," says the McKinsey report.

The McKinsey report also indicates that Africa is below the global average on ensuring that women are adequately enabled to capture economic opportunities. "For instance, the share of women among loan contractors dropped from 42 percent to 36 percent in Kenya and from 49 percent to 43 percent in Tanzania."

"Digital inclusion. The internet-and specifically, the internet delivered via mobile phone- has become a powerful tool for women and men particularly in emerging economies that do not have the advanced physical (including transportation) infrastructure of their more advanced counterparts."

In Kenya, women lag behind in the use of internet and mobile phones. The Mobile Gender Gap Report 2020 by GSMA shows that only one in every three internet users in Kenya is a woman, giving a gender gap of 34 percent.

The limited access to mobile technology has been cited as limiting access to employment opportunities, hampering communication and access to financial services.

Both reports by McKinsey and GSMA confirm the importance of internet and access to mobile phones on financial and economic inclusion.

"Mobile-based internet can be used to receive and make payments, receive microcredit, and simply connect. For women, digital technologies can save time, and help to relieve the double burden of unpaid work. Digital technologies can unleash new opportunities to set up small businesses at far lower cost than conventional operations, including access to e-commerce." Says The Power of Parity Report.

"The affordability of devices is the biggest factor, but women in particular are also hindered by low digital literacy and skills that need to be addressed even if the prices of devices come down. There are also cultural barriers."

The report highlights that there have been deliberate measures put in place to encompass more women, creating greater inclusion. In Kenya, Safaricom signed the GSMA Connected Women Commitment to increase the share of women in its mobile money and internet customer base. Safaricom partnered with organisations including Google to provide affordable phones, furnished relevant content on its phones, and developed "how to" guides to reduce knowledge gaps."

The result of this has been an increase in inclusion with Kenya at 0.95, one of the highest in Africa.

In Kenya's 61 listed firms on the Nairobi Securities Exchange, the average score on gender equality is 26 percent according to the Equileap Kenya Report 2019.

On boards, women account for an average 23 percent, a marginal increase from 2017.

In the executive offices, "women account for 22 percent of the executive officers. Seven companies (12 percent) have a female CEO." This is a higher percentage compared to six percent of the FTSE 100 and 7.4 percent in the Fortune 500.

The Equileap report further indicates that globally, women still get paid 23 percent less than men and at the current rate of change parity is unlikely to be achieved before 2069. In Kenya, women get paid 32 percent less than men.

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Kenya's workplace gender parity gap growing wider

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Kenya's workplace gender parity gap growing wider Earlier this week, "Fortune Magazine" announced that the number of women running America's largest corporations had hit its highest. This is a milestone for women in corporate but the number still remains quite small at 7.4 percent. Thirty-seven of this year's Fortune 500 are led by female CEOs.

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The growth and formation of workers' unions in South Africa have come a long way. From the Apartheid era where extreme racial segregation existed and some other races much better than other races, as the law was in favour of them, to the existence of the Black Economic Empowerment (BEE); which is a South African government-led integration initiative aimed at reconciling South Africans and redressing Apartheid-era inequities; and COSATU. I am choosing to focus on COSATU.

Congress of South African Trade Unions or COSATU is a government policy and organisation that was formed in 1985 in order to fight for worker rights and combat worker exploitation during the apartheid government. Since its start, COSATU now houses over 21 worker unions that represent most of South Africa's working class in the hard labour industries. COSATU believes in a democratic society devoid of racism, sexism, and working-class exploitation and has helped many worker unions to achieve the needs of workers and to ensure that they are protected within the workplace.

-Verna Strydom

REFERENCES:

Wood, G., & Dibben, P. (2008). The Challenges Facing the South African Labour Movement: Mobilization of Diverse Constituencies in a Changing Context. Relations Industrielles / Industrial Relations, 63(4), 671–693. [Accessed: 4 October 2021]

Cosatu.org.za. 2021. COSATU – Congress of South African Trade Unions. [online] Available at: <http://www.cosatu.org.za/> [Accessed: 5 October 2021].

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How to accommodate people with albinism in the workplace.

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How to accommodate people with albinism in the workplace.

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I find this article intriguing because it shows how people with albinism can face discrimination in the workplace which in turn leads to inequality be it in relation, salary, or engagement with tasks.

The article continues to share insights into how people with this condition can be accommodated in the workplace alongside inclusion awareness campaigns. According to the Employment Equity Act, these include any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate in employment.

Conclusively, I believe it is essential that all companies find ways to accommodate all their employees in a way that they will not feel lower or not fully part of the organization.

Reference
News24. 2017. How to accommodate people with albinism in the workplace | News24. [online] Available at: <https://www.news24.com/news24/southafrica/local/maritzburg-fever/how-to-accommodate-people-with-albinism-in-the-workplace-20170920> [Accessed 5 October 2021].
(Larissa Keza)

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Gender equality legislation in Togo(Amivi Genevieve Adjoha)

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Gender equality legislation in Togo(Amivi Genevieve Adjoha)

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Togo has modernized several of his legal texts in recent years and adopted several
initiatives for the promotion of gender equality. Data from the latest Afrobarometer survey confirm the progress achieved in Togo on the front of equal rights between men and women on many
dimensions. Nevertheless, they shed light on certain dimensions of this
gender equality where the numbers are worrying. Thus, cases of discrimination based on sex still exist, and the acceptance rate of physical violence against women remains problematic.

Today girls, as well as boys, have equal access to school. More than eight above 10 Togolese (82%) are in favor of the fact that women have the same rights of
possession and inheritance as men with regard to land, women can also work just as much as men even if the equal conditions are not fully respected in practice.
Togo has also established since 2011, a national policy for equity and gender equality whose main objective is the empowerment of women and their effective participation in decision-making at all levels of the development process in Togo.

https://www.ilo.org/dyn/natlex/docs/MONOGRAPH/95069/111789/F-47188773/TGO-95069.pdf

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This first article was posted on the University of Kansas’ scholars work, it discusses gender inequality. It discusses it from its history and change in policies along the years all the way to the issues that were addressed, are being addressed and that still need to be addressed. This article I chose because it looks at the repercussions of gender inequality, not just in the workplace but in society in general, and also because it tries to find the underlying root cause of the stereotypes that birthed the behaviors associated with sexism, and the specific instances that shaped and paved the way to the reforming of the ideologies about gender through the enactment of governmental policies and legislations. (J. Sarah, 2021)

https://scholarworks.uark.edu/finnuht/59/

The next article focuses on gender inequality in the workplace, it talks of the effect of HR on the inequality of men and women in the workplace since HR is responsible for hiring, training, paying e.t.c It also delves into the level of sexism within organization decision-makers influencing the enactment of sexist cultures in the organizations.

https://journals.sagepub.com/doi/full/10.1177/1368430220984248

Bonkhe Mahlalela

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Degree Name

Bachelor of Science

Degree Level

Undergraduate

Advisor/Mentor

Jensen, Sarah

Abstract

This paper analyzes the history of gender inequality in the workplace, the detailed nature of issues that society faces, research in today's world, and how to aid in the removal of gender stereotypes and thus removing consequences, unbeknownst to women a lot of the time. The goal of this analysis is to broaden the view of the reader and gain perspective into a world, which may or may not be familiar to them.

Keywords

gender inequality, stereotypes, wage gap, equal pay, equality, feminism

Citation

Barger, K. (2021). Gender Inequality in the Workplace. Finance Undergraduate Honors Theses Retrieved from https://scholarworks.uark.edu/finnuht/59

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This paper analyzes the history of gender inequality in the workplace, the detailed nature of issues that society faces, research in today's world, and how to aid in the removal of gender stereotypes and thus removing consequences, unbeknownst to women a lot of the time.

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The constitution of Kenya makes it clear that every person is equal before the law. Women and men have the right to equal treatment, opportunities in political, economic, and cultural spheres. One shall not be discriminated against based on race, sex, pregnancy, disability, culture,  religion, health status, language, or birth. Discrimination based on sex is still seen in the workplaces as maternity leave has been used as an excuse to deny women opportunities to top working positions. Some employers discriminate against women who are willing to create a family and prefer to hire women who already had children or those that do not have the intention of having children.

WageIndicator subsite collection. (2015). How is to be a working woman in Kenya? Are labour laws ok? Is the gender pay gap small? By Irene Kendi. [online] Available at:   https://alrei.org/education/how-is-to-be-a-working-woman-in-kenya-are-labour-laws-ok-is-the-gender-pay-gap-small-by-irene-kendi#:~:text=The%20constitution%20of%20Kenya%20recognizes,work%20of%20the%20same%20value. [Accessed 5 Oct. 2021].
Newman, C.J., de Vries, D.H., d’Arc Kanakuze, J. and Ngendahimana, G. (2011). Workplace violence and gender discrimination in Rwanda’s health workforce: Increasing safety and gender equality. Human Resources for Health, [online] 9(1). Available at: https://human-resources-health.biomedcentral.com/articles/10.1186/1478-4491-9-19 [Accessed 5 Oct. 2021].\

-Caroline Kariuki

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The provision of health, safety, and wellbeing of employees is catered for by the Occupational Health and Safety Act (OSHA) which mandates employers to regulate, maintain and provide systems and mechanism that guarantees the safety of all workers. Workplaces are required to be free from hazards and information must be issued to workers pertaining to any hazard or risks related to new technology. On the other hand, safety measures and training should be conducted prior with the supervision from a line manager or supervisor who is the main coordinator. The occupier is mandated to establish a health committee responsible for overseeing the safety of workers as prescribed by the Constitution of Kenya.

Measures should be set up at least annually after assessment to ensure that all chemicals, machines, and equipment are safe and risk-free. An occupier who fails to comply is liable to a fine not exceeding 500,000 Kenyan shillings imprisonment up to six months or both.

Susan Ndinda Muia

Reference
WageIndicator subsite collection. 2021. Health and Safety. [online] Available at: <https://africapay.org/kenya/labour-laws/health-and-safety-at-work> [Accessed 5 October 2021].

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Employer Cares

The Occupational Health and Safety Act (OSHA) provide for the health, safety and welfare of persons employed, and all persons lawfully present at workplaces and related matters.

It is obligatory for an occupier to provide and maintain plant and systems and procedures of work that are safe and without risk to workers' health. Employer must ensure safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances. Provision of such information, instruction, training and supervision of workers as is necessary is very crucial maintain safe and healthy workplace.

Workplace and work environment that is safe, without health risks and adequate as regards facilities and arrangements for the worker's welfare at work should be maintained. Workers should be well informed of any risks and imminent danger related to new technologies and they should participate in the application and review of safety and health measures.

Occupier must also ensure proper cleanliness, ventilation, lighting, drainage of floor, sanitary convenience, avoid overcrowding and control air pollution, noise and vibration at the workplace. Every occupier is required to establish a safety and health committee at the workplace in accordance with regulations prescribed under the law.

Preventive and protective measures should be taken after proper risk assessment (at least once a year) to ensure that all chemicals, machinery, equipment, tools and process are safe and without risk to health and comply with the requirements of safety and health provisions in this Act. An occupier who fails to comply with a duty imposed on him commits an offence and he/she is liable to a fine not exceeding 500,000 shillings or to imprisonment up to six months or to both.

All the above provisions are applicable also to the mine workers, as enunciated under the Mines Act 2016.

Source: §6 & 47-95 of the Occupational Safety and Health Act 2007; §178 of the Mines Act 2016

Free Protection

In accordance with the Occupational Safety and Health Act 2007, it is the responsibility of employer to provide free protective equipment including clothing and appliances, and where necessary, suitable gloves, footwear, goggles and head coverings to the workers involved in hazardous work. The type of PPE needed varies depending on the nature of work being performed. The right use of PPE reduces risk of accident and illness and helps in creation of safer working environment.

Safety consultant, registered by the Director, assesses the suitability and effectiveness of protective clothes and appliances.

Source: § 101 & 102 of the Occupational Safety and Health Act 2007

Training

In accordance with the Occupational Safety and Health Act 2007, it is the responsibility of an employer to provide instruction, training and supervision as is necessary to ensure health and safety at work of his workers.

Employment of worker at any machine or in any process that may cause ill health or bodily injury is prohibited unless worker has been fully instructed about the hazards involved and precautions that must be observed. Worker should be properly trained or required to work under supervision of experienced persons.

The training is carried out on recruitment; transfer or change of job; introduction of new work equipment or materials or change in equipment or materials; and introduction of new technology. The training must be arranged regularly at workplace during working hours and adapted accordingly with the new and changed risks.

Employer must ensure that all the persons involved in work must receive appropriate instructions regarding safety and health risks including emergency procedures during their activities at the workplace and actions to be taken in case of an emergency.

If a person fails to comply with these provisions, he/she commits an offence and is liable to a fine up to 200,000 shillings or to imprisonment up to six months or to both.

Source: § 99 of the Occupational Safety and Health Act 2007

Labour Inspection System

Labour inspection system is present in Kenya. Occupational Safety and Health Act provides for a vibrant labour inspection system (part IV).

The Occupational Safety, Health and Injury Benefits Authority (OSHIBA) is responsible for the implementation of occupational health and safety, for improving and ensuring health, safety, security and good working conditions at the enterprises, inspecting enterprises and ensuring the law enforcement.

The national legislation provides inspectors the power to enter, inspect and examine the work premises at any time during day or night with or without prior notice; take measurements, photographs, samples and make recordings for the purpose of examination and investigation; ask for registers, documents, certificates and notices to inspect, examine and copy them; interview any one; if the inspector is a medical practitioner he/she may carry out medical examinations; and may take police officer along with him/her if necessary.

If an occupier or his representatives do not facilitate the inspector and obstruct the execution of his duties, he/she commits an offence and is liable to a fine up to 100,000 shillings or to imprisonment up to six months or to both.

Labour inspectors are authorized to conduct proceedings arising under this Act; to obtain samples of any substance used or intended to be used at workplace; to deal with the cause of imminent danger by seizing it or causing it to be rendered harmless; and issue notices (improvement or prohibition). Inspector must not disclose any information obtained during the course of his/her duty, Otherwise he/she is liable to a fine up to 100,000 shillings.

Source: §32-42 of the Occupational Safety and Health Act 2007

Regulations on Health and Safety

The Occupational Safety and Health Act, 2007

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The Occupational Health and Safety Act (OSHA) provide for the health, safety and welfare of persons employed, and all persons lawfully present at workplaces and related matters. It is obligatory for an occupier to provide and maintain plant and systems and procedures of work that are safe and without risk to workers' health.

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“The constitution of Kenya recognizes that all human beings are born equal and no one is above the law and as such all citizens should be treated equally. The employment act, 2007 aims to ensure that employers pay men and women employees equally for equal work value. Discrimination in remuneration matters is also a punishable offense in Kenya.

The 2010 constitution of Kenya, prohibits discrimination whether directly or indirectly based on race, Language or birth, color, gender, ethnic origin, health status, belief, religion, marital status, pregnancy, disability, dress, or culture.

The employment Act's emphasis on employment clearly outlines that, a person’s access to any institution, employment or facility or the enjoyment of any rights may not be denied because of a person’s belief or religion. The employment Act further prohibits the discrimination of current or prospective employees on the basis of race, color, sex, religion, disability, mental status or HIV status”.

- Margaret Mathenge

WageIndicator subsite collection. (2020). Fair Treatment. [online] Available at: https://africapay.org/kenya/labour-laws/fair-treatment-at-work [Accessed 5 Oct. 2021].

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(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

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27. Equality and freedom from discrimination - Kenya Law Reform Commission (KLRC)

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(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.(2) Equality includes the full and equal enjoyment of all rights and fundamental freedoms.(3) Women and men have the right to equal treatment, including the right to equal opportunities in

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How Covid-19 raised up inequalities in our societies.(Amivi Genevieve Adjoha)

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How Covid-19 raised up inequalities in our societies.(Amivi Genevieve Adjoha)

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This article is related to one of the biggest health issues in the world today. It is talking about how people living in rural areas with a lot of neighbors and a lot of people in the same house are more exposed to the covid-19 virus than people who have a good living conditions. A research program in Belgium found that unequal access to health facilities and social services had a bad effect on vulnerable populations and immigrants' health.

https://theconversation.com/how-covid-19-upended-our-understanding-of-migration-citizenship-and-inequality-168318

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The pandemic has changed the relationship between a country's residents and its borders. Alexandros Michailidis/Shutterstock

The Covid-19 pandemic has shown that the global system governing migration may not be sustainable. Temporary migration schemes including those for seasonal agriculture workers or those allowing for construction and care work no longer function when people's mobility is hampered because of a rapidly circulating and dangerous virus.

We have also seen that migrants, refugees and immigrant minorities have been more severely affected by the virus and have had poorer access to treatments and vaccinations.

So should we reconsider the rights of citizens versus the rights of residents or temporary workers? The pandemic has exposed several of the contradictions of our domestic and global migration governance as well as the limitations of integration policies.

In or out?

Covid-19 has raised important questions about the many different ways of belonging to a country: where does the boundary between insiders and outsiders lie and who should be in or out?

We can imagine the effective population of a country as a set of concentric circles: the inner group includes citizens, then come permanent residents (in the case of the Europe, EU citizens too), then temporary residents, who have been admitted to a country for a specific period; and then come those seeking entry, asylum-seekers, for protection purposes and general aliens.

Covid-19 pushed this outer circle of transient members of the community into the inner circle of those who effectively live in the country by forcing the closure of borders. At the same time, these transient members were still often internally excluded in some countries if they did not have access to emergency unemployment or family benefits.

This forced countries to consider what Canada has termed the "effective residence" of temporary migrants. It pushed governments to ask where people live habitually, where they send their kids to school, where they pay taxes or have health coverage.

In Belgium, 400 temporary migrants recently went on hunger strike to demand the right to remain in the country and are now in negotiations with authorities.

This shows that while effective membership of a country may still seem tentative, the pandemic has raised the question of whether this notion of effective residence can be codified into law.

For instance, it could include consular protection for someone found temporarily abroad due to a sudden border closure, or the right to re-unite with second-degree family members such as elderly parents or adult children who may find themselves cut off from extended family during the pandemic restrictions.

Pandemic inequalities

In Belgium, we are part of an ongoing research program between the Université Libre de Bruxelles and the Université de Liège focuses on the social disparities in exposure to the Covid-19 virus, illness and death in the French speaking part of the country. It also examines to what extent previously existing social and health inequalities have grown during the early waves of the pandemics.

Since the research is still being conducted, no final conclusions can be presented. However, some observations have already emerged.

First, it appears that people's living conditions have had an impact on their exposure to the virus, on the development of the illness and eventually on the probability of death. Three factors are particularly relevant: the density of the neighbourhood and the size of housing, family structure and community life. These living conditions often characterise immigrants and their families in Belgian cities.

Clearly, living in a dense neighbourhood and in small apartments with an intergenerational family has increased exposure to the virus, which in turn has raised the probability of developing a severe or fatal case of Covid-19, especially among the elderly.

The study seems to confirm that unequal access to health care and social services has also had a negative effect on the health of vulnerable people in general and immigrants in particular.

Finally, access to relevant information has been crucial. Not all residents have equal access to information about how to protect themselves and the others, and on what to do in case of illness. This an important factor explaining why immigrants have often been particularly hit by the virus.

An opportunity to change

Even in a welfare state like Belgium, the pandemic has revealed the weakness of immigrant membership and social citizenship.

While the pandemic pushed people with temporary status toward the inner circle of belonging, albeit temporarily, it also exposed the significant structural inequalities that migrants suffer and the gaps that exist in our welfare systems.

But a crisis brings with it the seeds of change. We can treat the pandemic as an opportunity to reconsider the importance of essential workers, to address shortcomings in housing and healthcare, to strengthen the cohesion of our societies and our solidarity toward those members who may at times find themselves pushed to the margins.

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How Covid-19 upended our understanding of migration, citizenship and inequality

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The Covid-19 pandemic has shown that the global system governing migration may not be sustainable. Temporary migration schemes including those for seasonal agriculture workers or those allowing for construction and care work no longer function when people's mobility is hampered because of a rapidly circulating and dangerous virus.

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Equality and Non-Discrimination

“(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society”.

Constitution of the IVth Republic of Togo 1992, as amended to 2019

https://constitutions.unwomen.org/en/countries/africa/togo?provisioncategory=b21e8a4f9df246429cf4e8746437e5ac

Global Gender Equality Constitutional Database. Constitution of the Republic of Ghana 1992, as amended to 1996. [online] Available at: https://constitutions.unwomen.org/en/countries/africa/ghana?provisioncategory=b21e8a4f9df246429cf4e8746437e5ac [Accessed 4 October 2021].

Ama Owaree Twum

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English

(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide-
(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society;
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(c) for the imposition of restrictions on the acquisition of land by persons who are not citizens of Ghana or on the political and economic activities of such persons and for other matters relating to such persons; or
(d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution.
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter. (Art. 17)

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English (1) All persons shall be equal before the law. (2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.

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The Gambia Women’s Act 2010  (Omar Gibba)

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The Gambia Women’s Act 2010  (Omar Gibba)

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The Women’s Act 2010 was signed into law by former President Jammeh on 28 May 2010. It is intended to provide for the protection of women’s rights and equality in addition to the rights guaranteed under Chapter IV of the Constitution. The Act is divided into six different parts.

1. Women’s human rights protection
This part provides for women’s human rights protection relating to the right to dignity, security of the person, protection from violence, justice and equal protection before the law, freedom of expression and protection from discrimination and other relevant provisions

2.    Temporary special measures in favour of women
Section 15 deals with temporary special measures to be adopted by every organ, body, public institution, authority or private enterprise aimed at accelerating de facto equality between men and women.

3.    Protection against discrimination
Section 14 of the Act deals with government’s obligation to eliminate all forms of discrimination against women. The provision is quite comprehensive and calls on Government Departments and other public institutions to implement measures, policies and strategies to eliminate discrimination, including periodic training of personnel on gender and human rights, and mainstreaming gender perspective in planning and programming of all activities and initiatives.

4.    Right to health and health care
Section 29 of the Women’s Act recognises the right of every woman to enjoy the highest level of physical, mental and social well-being, health care and health care services including family planning. Section29(3) further gives women the right to determine processes concerning reproduction in her body with international best practices.

5.    Marriage and the family
Section 35 of the Women’s Act states that ‘no marriage shall take place without the free and full consent of both parties to the marriage’. This means that no person should be forced into marriage and where such a marriage is contracted the marriage will be voidable.

6.    Additional Rights
The Act provides for special rights and protection for women. These include right to peace, food security, adequate housing, health and sustainable environment and positive cultural context. It also provides special protection to elderly women, women with disabilities and women in distress.

-Omar Gibba

https://www.lawhubgambia.com/womens-act-2010

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The Women's Act 2010 was signed into law by former President Jammeh on 28 May 2010. It is intended to provide for the protection of women's rights in addition to the rights guaranteed under Chapter IV of the Constitution. The Long Title of the Act provides that, it is:

An Act to implement the legal provisions of the National Policy for the Advancement of Gambian Women and Girls, and to incorporate and enforce the United Nations Convention on the Elimination of all forms of Discrimination Against Women and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa.

The Act does not limit or restrict the incorporation and enforcement of any provisions of these two instruments. It will thus serve as an aid in the interpretation of the Act where there is a gap as the presumption that recourse will be on the original text of these two instruments. It recognises and gives legal effect and force to The Gambia's international legal obligations and commitments made towards the realization of women's rights.

Generally, the Act is a very innovative piece of legislation which contains provisions on promoting and protecting the rights of women in the Gambia. The Act is divided into different parts.

1. Women's human rights protection
This part provides for women's human rights protection relating to the right to dignity, security of the person, protection from violence, justice and equal protection before the law, freedom of expression and protection from discrimination and other relevant provisions. These provisions incorporate the Constitutional provisions under Chapter VI relating to protection of Fundamental Human Rights, while making them more specifically applicable to women. The provision relating to protection from violence is however innovative as it provides for a protection not hitherto provided for in the 1997 Constitution or any other law in The Gambia. Section 6 reads:
(1) Every woman shall be protected against any form of physical, sexual, psychological or economic harm, suffering, or violence whether occurring in public or private life.
(2) Any form of violence against women is hereby prohibited.
(3) All Government Departments, agencies, organs, public or private institutions shall take appropriate measures to promote and protect women's rights and their legal status from any form of abuse by any person, enterprise, organization or institution.
2. Temporary special measures in favour of women
It is pertinent to observe that the obligation to protect women from violence is imposed on Government and public institutions, organs and agencies and also private enterprises.

Section 15 deals with temporary special measures to be adopted by every organ, body, public institution, authority or private enterprise aimed at accelerating de facto equality between men and women. Under this section a distinction is made between de facto and de jure discrimination. Considering the social and cultural set up of The Gambia, there may be instances where even though the law does not create or cause any impediment for women, the social and cultural environment may not be conducive for the achievement of equality. Here, government and all private institutions are called upon to take positive steps to achieve genuine de facto equality.

There has been a lot of progress in terms of appointment of women as Cabinet ministers. Despite the increase in the appointment of women as ministers, the technical and administrative decisions remain with men who serve as their permanent secretaries, and who may not see gender equality as a priority. The high number of women in very high-ranking positions may not necessarily be indicative of gender mainstreaming taking place, although they serve as positive role models.

The Gambia has not introduced the quota system in meeting the 30 per cent target for women's political participation and representation in the National Assembly and public positions respectively (AU Solemn Declaration). This becomes more relevant in the political arena and decision-making at all levels, where women are not legally barred from participating effectively on an equal footing with men, but may not be able to do so due to cultural bias in favour of men, and stereotypical perception of the role of women. As noted in the 2012 study Women's Political Participation and Representation in The Gambia: One step forward or two back? commissioned by TANGO (Nabaneh, 2013):
3. Protection against discrimination
While the law does not explicitly set barriers for women to participate in politics, r the existing law is grossly inadequate given the socio-cultural barriers that are already well entrenched in society against women. Hence a non-sensitive law to this reality tantamount to legal barriers since the law gives no opportunities to enable women overcome the socio-cultural barriers. The law as it exists is ineffective (therefore a barrier) as to enable women to participate in politics.

Section 14 of the Act deals with government's obligation to eliminate all forms of discrimination against women. The provision is quite comprehensive and calls on Government Departments and other public institutions to implement measures, policies and strategies to eliminate discrimination, including periodic training of personnel on gender and human rights, and mainstreaming gender perspective in planning and programming of all activities and initiatives.
Prohibition of discrimination in the field of employment
The Act also deals specifically with discrimination in various sectors, including:
Prohibition of discrimination in the field of education
The sections 16-24 of the Act prohibits discrimination of women in employment. It ensures that women are accorded equal opportunity and equal rights in the field of employment. It also ensures that adequate support services and facilities are put in place for women to continue to take part in nation building during the crucial period of pregnancy, lactation, child bearing and upbringing in general. The provision recognises the contribution of women during the period of maternity and makes mandatory adequate compensation during this period.
4. Right to health Right to health and health care
Sections 26-28 of the Act guarantees the right to basic education in line with the Constitution. It also imposes an obligation on Government to ensure that the right curriculum is taught in schools, and that such curriculum would be geared towards the elimination of stereotyping of women and girls and ensure their total integration in nation building at all levels.

Section 29 of the Women's Act recognises the right of every woman to enjoy the highest level of physical, mental and social well-being, health care and health care services including family planning. Section29(3) further gives women the right to determine processes concerning reproduction in her body with international best practices.

However, the provision is broadly framed and contains little guidance on the specific nature of state obligations contained therein, or how these are meant to better protect women.

Elimination of discrimination in reproduction health rights and service s

Section 30 of the Women's Act protects women against discrimination in reproductive health rights and services and provides for the right to medical abortion where the pregnancy endangers the life of the mother or the foetus. This is limited in scope contrary to article 14(2)(c) of the Protocol which provides for medical abortion in cases of assault, rape and incest. This provision has a direct relation with the effects of GBV on victims particularly women.

Government's obligation to respect and promote right to health
The Act under section 31 complies with the Maputo Protocol in ensuring that the reproductive and sexual rights of women in the context of sexually transmitted infections (STIs) including HIV/AIDS. It is important to recognise that to do so the rights to adequate, affordable, and accessible health services are necessary to support and prevent the spread of STIs.

Section 32 of the Women's Act on measures to be undertaken by government includes information and communication programmes to women, especially those in rural areas. In this regard, government is required to recognise the importance of providing information in the public sphere. This information should be provided in an accessible manner but must also be relevant and contextualised in a fashion that makes it understandable by women, who may not have access to higher education. It is therefore important for government to ensure that information on the sexual reproductive health and rights of women is publicised in a way that deconstructs the inherent stigmas, taboos and misconceptions that tend to perpetuate harmful stereotypes of women's roles in society to place women and men on a more equal footing
5. Marriage and the family
The provision also obligates government to provide training for health workers and educators on the importance of these rights, and which sensitises them to the specific needs of women. This necessarily includes training on counselling services that must be provided when information regarding sexual reproductive health is sought. These services should be provided in a manner that integrates women-centred prevention methods with other services, including family planning, reproductive health, primary health care services, HIV and STI testing, antiretroviral treatment programmes and antenatal care.

Section 35 of the Women's Act states that 'no marriage shall take place without the free and full consent of both parties to the marriage'. This means that no person should be forced into marriage and where such a marriage is contracted the marriage will be voidable. This creates some safeguards to ensure that both parties actually do consent to the marriage. Factors that may preclude consent include: threats of harm to victim; deception; threat of excommunication; financial abuse; and where the victim does not know her rights and believes she has no autonomy to refuse the marriage. Early or child marriages are, by definition, forced marriages. The legal minority status of the child precludes her/his ability to formulate legal consent.

Section 36 of the Act provides for the registration of marriage. The section only obliges the Government to encourage parties to record their marriage in writing. This does not meet the standards of article 16(2) of CEDAW and article 6 (d) of the African Women's Protocol respectively to make registration of marriages compulsory.

The Women's Act under section 43 protects the rights of the woman in cases of separation, divorce or annulment of marriage and other related rights but subjects it to personal law. Section 44 dealing with Widow's Rights and right to Inheritance are subject to personal law.

These sections provide as follows:

Section 43: 'Enjoyment of equitable rights as men in case of separation, divorce or annulment of marriage, subject to personal law.'

Section 44 (1) provides that:

A widow shall-
(a) Have the right to remarry, and in that event, to marry the person of her choice, subject to personal law.

Section 45: 'Right to inherit in equitable shares, subject to personal law.'

These provisions have the effect of maintaining the status quo and reflecting the position of the law prior to the enactment of the Women's Act. The Act further fails to provide for maintenance or support of a former spouse after divorce based on need, assets and earning capacity.

6. Additional Rights
Women with disabilities
The Act provides for special rights and protection for women. These include right to peace, food security, adequate housing, health and sustainable environment and positive cultural context. It also provides special protection to elderly women, women with disabilities and women in distress.

Section 53 of the Women's Act provides special protection to women with disabilities. Recently The Gambia ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 1 July 2012. Additionally, a resolution of the 2008 General Assembly on 'Realizing the Millennium Development Goals for Persons with Disabilities(PWDs)' called for states to pay special attention to the gender specific needs of persons with disabilities, including by taking measures to ensure their full and effective enjoyment of all human rights and fundamental freedoms.

In line with international human rights obligations, section 53 is not comprehensive enough to address the specific needs of women with disabilities who are vulnerable to having their rights violated and often face violence. There is need to enact laws and create policy documents that tackle the social, cultural and economic problems faced by PWDs, as well as the violence and discrimination against women with disabilities.

7. Enforcement of the rights under the Act and remedies
Currently, there is no specific law in compliance with article 23 of both CEDAW and the Protocol. Government must enact a disability-gender sensitive law and affirmative action policy aimed at addressing the discrimination faced based on a disability. There is also a need for special budgetary allocation for PWDs particularly women for livelihood and skills development; and creation of a disability friendly environment particularly with regards accessibility of both public and private buildings by PWDs.

The rights entailed in the Women's Act as enforceable in the same manner as set out in section 37 of the Constitution in which where an infringement happens, the victim can seek redress in the High Court. section 12(1) of the Act provides that a man or woman acting in his or her own interest, on behalf of another person; as a member of an interest group; acting in the public interest or an association have standing before the competent court. The flexible rule of locus standi can serve as an opportunity for the right of recourse when there is a violation of their rights. As stated by Chaskalson P in Ferreira v Levin No (1996 (1) SA 609 (E)) broader approach to standing ensures "constitutional rights enjoy full measure of protection to which they are entitled to." Such a broad and wide scope of standing will allow individuals and other groups to access the courts. It should however, be noted that the mere relaxing of the rules governing standing may not lead to the building of a women rights litigation culture.
Banning of Female Genital Mutilation (FGM)
Section 74 of the Act provides that where a person contravenes any of the provisions, he or she commits and offence and is liable, to a fine not exceeding fifty thousand dalasis or imprisonment for a term not exceeding six months or to both fine and imprisonment. Corporate bodies can also be found guilty of an offence under the Act according to section 75.

In addition, the Bureau has the legal standing to institute action in the name of the Council to enforce any of the provisions of the Act on behalf of any woman or a group of women. Due to institutional capacity, the Bureau has not done this since the coming into force of the Women's Act.

In December 2015, Women's (Amendment) Bill 2015 was by the National Assembly to prohibit female circumcision. The amendment addresses one of the key deficiencies of the Women's Act 2010 which was the absence of a provision on eliminating harmful traditional practices. The Amendment Act added sections 32A and 32B in the Women's Act.

The Act uses the term 'circumcision' instead of 'mutilation'. However, in defining circumcision, it lists female genital mutilation. Section 32A makes it an offence for any person to engage in female circumcision and whoever contravenes it is liable on conviction to an imprisonment for a term of three years or a fine of fifty thousand dalasis (approximately $1250) or both. The Act also stipulates a life sentence in prison when the circumcision results in death.

The Act also addresses those who commission the procedure in section 32B(1). It states that 'a person who requests, incites or promotes female circumcision by providing tools or by any other means commits an offence and is liable on conviction to imprisonment for a term of three years or a fine of fifty thousand Dalasis or both.' In addition, a fine of ten thousand dalasis (approximately $250) as provided in section 32B(2) of the Act is levied against anyone knowing about the practice and failing to report.

Download the Women's Act 2010 and the Women's (Amendment) Act 2015.

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The Women's Act 2010 was signed into law by former President Jammeh on 28 May 2010. It is intended to provide for the protection of women's rights in addition to the rights guaranteed under Chapter IV of the Constitution.

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The Constitution of Ghana (1992) recognizes the right to fair equal pay to workers for equal value of working effort. In accordance with the Labour Act, 2003 (Act 651) - every worker has the right to receive equal pay for work equivalent to same work value without any discrimination.

All human beings are recognized as equal before the law and no individual should be subjected to discrimination of any sort including gender, race, ethnic, religion or economic status. The Labour Act further emphasis on not discriminating individuals of disability syndrome or opposing political preferences. Any person who discriminates against individuals with respect to the employment or conditions of employment on the basis of gender, race, colour, ethnic group is guilty of unfair labour practice.

Women are usually victims of discrimination at the workplace however, laws have been put in place to protect their rights and freedoms. Women can work in the same industries as men without any restrictions. The constitution provides freedom for the citizens to choose their choice of occupation without any limitation or discrimination from the employer.

Kobina Nii Duodu Addo

Link : WageIndicator subsite collection. 2021. Fair Treatment. [online] Available at: <https://africapay.org/ghana/labour-law/fair-treatment-at-work#:~:text=In%20accordance%20with%20the%20Constitution,or%20social%20or%20economic%20status.> [Accessed 4 October 2021].

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2020: The year America confronted racism (Omar Gibba)

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2020: The year America confronted racism (Omar Gibba)

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This article was published by CNN and it talks about how the year 2020 has been a force for Americans to reconcile the past and present in terms of racism. The article talks about how black folks have always been subjected to racism and discrimination. People call 911 on black people when they are doing normal activities such as jogging, birdwatching, walking around neighbourhoods etc, and police brutality on blacks was on the rise. But the incident in 2020 involving George Floyd‘s killing by a police officer shook Americans out of whatever made them numb to racism and police brutality. Within days, people joined more than 10,000 demonstrations nationwide and a movement to demand reform in police departments across the country quickly followed. Confederate monuments were toppled. TV and sports arenas were not exempt from the call for social justice, and athletes were among the leading voices in the fight for racial equality.

-Omar Gibba

https://edition.cnn.com/interactive/2020/12/us/america-racism-2020/

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Americans were living through history in 2020 as the country was forced to reconcile the past and the present. The Covid-19 pandemic, which many had considered a "great equalizer," paralyzed the world and Black, Latino and Native American communities were among the hardest hit. Racist attacks against Asians in the US were also on the rise. Jogging, bird-watching or calling 911 while Black felt dangerous and George Floyd 's killing by a police officer shook Americans out of whatever made them numb to racism and police brutality.

No matter where you turned, you couldn't ignore reality. America was the epicenter of a racial reckoning.

Within days, people joined more than 10,000 demonstrations nationwide and a movement to demand reform in police departments across the country quickly followed. Confederate monuments were toppled. TV and sports arenas were not exempt from the call for social justice, and athletes were among the leading voices in the fight for racial equality.

Throughout the year, US law enforcement warned about a growing threat and concern that the rise of White supremacist groups had become the biggest domestic terrorism challenge.

By November, people turned from protesting in the streets to protesting at the polls and Black, Latino and Native Americans voters helped flipped some states blue.

Look back at the moments in politics, policing and culture that defined the extraordinary year in which America was forced to confront racism - and in some cases moved the needle toward change.

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Year in review. As the Covid-19 pandemic ravaged the US, Black, Latino and Native Americans were among the hardest hit and Asians became the targets of racist attacks in 2020. The killings of George Floyd and others reignited the outcry that Black Lives Matter and thousands protested across the US.

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Discrimination on Muslim women for wearing Hijab in France (Omar Gibba) 

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Discrimination on Muslim women for wearing Hijab in France (Omar Gibba) 

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The article was published by a well-recognised news source “the guardian” and it talks about the discrimination Muslim women go through for wearing a hijab in France. Last October, the French president, Emmanuel Macron, laid out the vision behind a new, deeply controversial bill that bans women from wearing headscarves in public sector roles to private organisations that provide a public service. They claimed the ban was meant to safeguard republican values,  but critics, including Amnesty International, have raised serious concerns that it may inhibit freedom of association and expression, and increase discrimination against Muslim women.

-Omar Gibba

https://www.theguardian.com/world/2021/jul/27/i-felt-violated-by-the-demand-to-undress-three-muslim-women-on-frances-hostility-to-the-hijab

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ast October, the French president, Emmanuel Macron, laid out the vision behind a new, deeply controversial bill. The government claimed a minority of France's estimated 6 million Muslims were at risk of forming a "counter-society" and the bill was designed to tackle the dangers of this "Islamist separatism".

It is meant to safeguard republican values, but critics, including Amnesty International, have raised serious concerns that it may inhibit freedom of association and expression, and increase discrimination. The new law, say critics, will severely affect the construction of mosques, and give more discretion to local authorities to close local associations deemed in conflict with "Republican principles", a term often wielded against Muslims specifically. But one of the most controversial points is extending the ban on women wearing headscarves in public sector roles, to private organisations that provide a public service. Further amendments were tabled prohibiting full-length swimsuits ("burkinis"), girls under 18 from wearing the hijab in public, and mothers from wearing hijabs on their children's school trips. These were subsequently overturned, but the stigma they legitimise lives on.

This month, the EU court of justice said that EU companies can, under certain conditions, ban employees from wearing a headscarf. While Macron's government has been at pains to insist the new law isn't aimed at any particular religion, many Muslims fear exactly that.

"We are seeing a justification of a breach of freedom and fundamental rights in the name of security - a weaponisation of secularism," says the French legal scholar Rim-Sarah Alouane. "It's a deformed legal monster, which aims not only to contain Muslims but to erase them from the public sphere."

On Friday the bill was passed by the National Assembly, the lower house of the French parliament. Its effects have already been felt by an embattled minority fearful that their existence is being recast as a danger to the Republic, just as the far right are preparing for a presidential runoff.

Here, three Frenchwomen talk about their experiences of institutional Islamophobia, and their fears for the future.

Aisha
The mother of five grew up in Mantes

Muslim women protest in Paris in October 2019 for the right to continue wearing headscarves. Photograph: Dominique Faget/AFP via Getty Images

-la-Jolie, a working-class neighbourhood outside Paris, and is seeking work. In 1994, when she was 14, a government edict advised schools to prohibit the wearing of "ostentatious religious symbols", 10 years before this became law. The university researcher and mother of three is from a middle-class neighbourhood in Paris.
"I was a model student until the point I refused to remove my headscarf - full attendance, never late - and yet I found myself in front of a disciplinary committee. I remember that they tried to intimidate us, they told us we weren't in Iran. I had no idea what that meant. They accused us of being part of the FIS [Algeria's banned Islamic Salvation Front] - but I'm Moroccan.

"We were forced to come to school, but forbidden from attending lessons, basically detained, and we weren't allowed to go out into the playground to mix with the other students. We only had five minutes for break time. This went on for months.

"I was then sent to a disciplinary council because school is meant to be mandatory until you're 16. They permanently excluded me. The local Muslim groups and the mosque told me to remove my scarf, but I refused. To me, it felt like asking me to strip. I felt violated by the demand to undress. I'm naturally a very modest person anyway. I was 14 years old and had to educate myself at home through remote learning. I ended up very isolated. My parents couldn't help me, they were barely making ends meet. I got no support and ended up falling in with a bad crowd who persuaded me there was no point in studying further as I could never get a job with my headscarf anyway - which isn't exactly a lie.

"I was very cut off, and was at the mercy of uneducated people who told me marriage was the only route worth pursuing. The government talks about the dangers of segregated identities [ repli identitaire], but they forced that on me. My friends from school were shocked - I was the last person they would have expected to end up isolated in this way. I was very sporty and ambitious, I wanted to travel the world.

"This wasn't even a law; it was simply government guidance, and it broke more than one of us. It ruined my education. It made me retreat into a single dimension of my identity - my religion - when I've always been interested in many things alongside my faith. It broke my confidence and made me feel as if I didn't belong. I lost myself and got married very young, as marriage and children seemed like the only success I could aspire to. My husband insisted I wear a face veil, but I refused. We divorced when I was 20.

"The new separatism bill wants to stop girls under 18 wearing a scarf, but I can tell you it will just make them want to wear it more. I'm scared for all those girls who may go through what I lived through and are going to find themselves very vulnerable. This law is meant to protect secularism, but it's a deep encroachment. I believe the worst is to come. What happened to me happened before there was even a law to back it up - these laws are legitimising even worse behaviours because they justify the underlying narrative that we are a problem."

Hiba Latreche: 'Instead of our legislators protecting us, they are actually making Islamophobia legal.'

Noura
The 22-year-old general secretary and vice-president of Femyso, the Forum of European Muslim Youth and Student Organisations, and a law student from Strasbourg. She and several other Muslim women established the "Don't touch my hijab" campaign, which went viral and received support from high-profile Muslim women such as the Olympic athlete Ibtihaj Muhammad Somali-born model Rawdah Mohamed. Some names have been changed
"In 2019, when my son was eight, I was a regular volunteer at his school and I put myself forward to accompany a school outing. The teacher agreed, and I was really looking forward to it. But when I arrived the next morning, I could see the headteacher was livid and talking to the teacher about me. The teacher came over and sheepishly asked me to leave, making up an excuse about there being no room on the bus. I challenged her, asking why I was the parent being asked to leave - had I drawn the short straw?

"The headteacher came over, saying: 'You need to understand, we are in a republic here, there is a principle of secularism, and, if you don't like it, go home.' I thanked her for the information about France being a republic, given that I'm an academic researcher at one of France's top universities, this wasn't exactly news to me.

"Since I knew the law didn't forbid me from being there, I requested a written letter outlining why I was being asked to leave. That's when she called the police. She must have said I was threatening her because they arrived immediately and in front of the school bus, full of parents, all the students, and my son - two officers began lecturing me: 'This is a secular country, you have to leave.'

"I was so humiliated by this point, I began crying, in front of everyone; my son witnessed the whole scene. I told them what they were doing was institutional racism and that they were wrong about the law. They themselves seemed confused.

"One of the mothers came down and asked me to stop making a scene, handing me a hat to put on instead of my headscarf. She asked me to stop traumatising the children further. To appease the situation, I put on the hat.

"After that day, my son didn't want to go to school any more. I couldn't reassure him. I decided to make a formal complaint to several human rights groups, they refused to defend me, and to the educational ombudsman. The head refused to apologise. I decided not to sue because it was so emotionally draining for me and my son. Your whole life becomes a fight.

"With this new law, I'm extremely pessimistic about the future in this country - I no longer see a future here. We are the undesirables, the unwanted and there are serious psychological wounds to this symbolic violence we experience. We often hear there is an integration problem in France, but what there is, is a racism problem."

Hiba Latreche

"We launched the campaign after the senate voted the bill in, in the hope that our voices would be heard. We are French women and girls who want to stop the policing of our bodies and beliefs. In France, we are often completely isolated in decrying the attacks on our freedoms, there is often such a dissonance, so we knew we needed international support to show that what we are asking for isn't unreasonable.

"There is this paternalistic approach - as if we don't understand secularism - but they have shown us that the real problem in their eyes is Islam. As a Muslim woman wearing a headscarf, I already experience Islamophobia in the public arena - instead of our legislators protecting us, they are actually making it legal, strengthening it institutionally and making it more systemic. The bill will make life harder for visibly Muslim women, regardless of whether specific amendments pass. How is it acceptable to debate whether girls under 18 should get arrested for wearing a headscarf, or be banned from playing sports; or whether we should be prevented from being part of our children's school lives?

"They even tabled an amendment to stop a Muslim woman in a headscarf from running for office. We can hardly find jobs as it is, and now they will restrict the pool of jobs we can do even further. We aren't just scared for our safety as individuals, we are fearful of our institutions. People are desensitised to what we are going through in France. But this is also a wider European issue - look at similar trends in Belgium, Germany and Switzerland. We have been forced into an enclave and the only way we can challenge things domestically is through international support. In France, anyone who speaks up for Muslim rights is labelled an 'islamo-leftist' and undermined. Even the government commission on laïcité [secularism] was dismantled because it objected to the way laïcité was being wielded. We are told we don't integrate, but we are gradually being pushed out of public life completely."

This article was amended on 28 July 2021 to more pertinently describe the FIS as Algeria's banned Islamic Salvation Front.

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'I felt violated by the demand to undress': three Muslim women on France's hostility to the hijab

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ast October, the French president, Emmanuel Macron, laid out the vision behind a new, deeply controversial bill. The government claimed a minority of France's estimated 6 million Muslims were at risk of forming a "counter-society" and the bill was designed to tackle the dangers of this "Islamist separatism".

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Pregnancy discrimination in the workplace (Davina Yawson)

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Pregnancy discrimination in the workplace (Davina Yawson)

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I selected this article because it discusses the discrimination women face as a result of being pregnant. It looks specifically at Chelsey Glasson, a former Google employee who is suing Google for discriminating against her and other female coworkers due to their pregnancy. I believe this issue has been one brushed under the carpet for a while and more victims need to receive justice.

https://www.theguardian.com/technology/2021/apr/09/she-sued-for-pregnancy-discrimination-now-shes-battling-googles-army-of-lawyers

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hen Chelsey Glasson found out she was pregnant with her second child in 2019, she did not anticipate the first three years of her new baby's life would be overshadowed by an epic legal battle against a trillion-dollar company.

The 38-year-old sued Google, her former employer, in 2020 alleging she had been discriminated against while pregnant and witnessed others being treated similarly, and faced retaliation from her manager when she spoke up about it.

Since then, Glasson says, battling to win her case has become a nearly full-time job, one that's pitted her against a company with a global army of lawyers at the ready. Despite being represented by attorneys in Washington and partially backed by a not-for-profit group, the American Association of University Women, she finds herself putting in grueling hours preparing for her upcoming trial this year. She spends her nights, after her two kids are asleep, discovering documents and preparing for processes such as her recent deposition in March. The fight has affected her children's lives almost as much as her own, she says.

"Even if they don't know what is going on exactly, they know mommy is not all there - they know that I am not always present for them," she said of her children, who are two and four years old. "It is heartbreaking to see how this impacts not just the person who is targeted by pregnancy discrimination, but the entire family."

Glasson's case first gained publicity after she published a widely shared internal note, titled I'm Not Returning to Google After Maternity Leave, and Here is Why, which was eventually leaked to the public.

Chelsey then hired an attorney and, in response, Google investigated a small portion of her claims, but said it found no examples of policy violation. Glasson then filed a complaint with the Equal Employment Opportunity Commission (EEOC) in September 2019. After little movement on an EEOC investigation, she filed a lawsuit in July 2020. While many companies quickly move to resolve lawsuits, Google continues to aggressively deny Chelsey's claims.

Glasson says her situation underscores just how much a worker stands to lose when they go toe-to-toe with one of the world's largest tech companies.

"What's very clear is that Google does not take action regarding discrimination," said Glasson. "This is in large part because it is a massive organization with huge resources at its disposal to fight someone like me - it's not at all a fair fight."

'Pregnancy discrimination does not get more blatant than that': where the allegations began

Glasson's struggle began in early 2018, after she says she overheard a director at Google criticizing a pregnant employee, and learned that the employee was being given negative feedback in her performance review after disclosing the pregnancy.

In keeping with Google's reporting guidelines, Glasson filed a complaint with human resources alleging pregnancy discrimination against her colleague. Shortly after, she says, the director began to retaliate against her over the report, interviewing other people to replace Glasson in her role. Glasson said HR acknowledged the retaliation but refused to stop it. She asked at the company how to face her boss when the ongoing investigation was making their relationship tense and was told multiple times to find a therapist.

"When you are a victim and you are told to go to counseling, it is incredibly offensive - it's sending a message that you're crazy and you're making all this up," she said.

Several months later, Glasson then became pregnant herself and says she decided to transfer teams to escape the ongoing retaliation and harassment. But she found her new superior made negative comments about her pregnancy-related health issues, and denied her the management role she was hired into.

When you are a victim and you are told to go to counseling, it is incredibly offensive - it's sending a message that you're crazy and you're making all this up

Chelsey Glasson. Photograph: Courtesy Chelsey Glasson

Glasson says that five months before her maternity leave was scheduled, her new boss told her that she would not be given any management responsibilities while she was pregnant because of concerns that her upcoming maternity leave would "stress the team" and "rock the boat".

"Pregnancy discrimination does not get more blatant than that, and yet here they were telling me it is not happening," she said.

Glasson also says her doctor eventually ordered her to take bed rest but that her manager encouraged her to keep working. During the investigation and ongoing fallout with her manager, Glasson was prescribed Lexapro, an antidepressant, to manage stress and was diagnosed by her obstetrician with "acute stress".

On 7 January 2019 Glasson had to go to the hospital for a life-threatening pregnancy-related medical issue, which she believes was exacerbated by the stress, and remained there until she gave birth to her daughter on 8 March 2019 . Days later, Google asked her to leave the company in exchange for three months of her base salary.

"It was a very small amount," she said of the payout. "Especially to be asked to leave the company with no health insurance, as I came out of the hospital with a newborn in hand, having come out of months in the hospital and healing from an emergency c-section."

In August 2019, Glasson received a one-paragraph email in response to her complaint, filed more than a year prior, saying that it had not found evidence of pregnancy discrimination. "Thank you for raising your concerns," the email said. This response prompted her to file the lawsuit.

In response to a request for comment about Glasson's claims, Google said it does not comment on ongoing cases but that it takes these allegations seriously.

"Reporting misconduct takes courage and we want to provide care and support to people who raise concerns," a Google spokesperson said. "All instances of inappropriate conduct reported to us are investigated rigorously, and we have simplified how employees can raise concerns and provided more transparency into the investigations process at Google. We work to be extremely transparent about how we handle complaints and the action we take."

Veena Dubal, a labor law professor at UC Hastings who teaches a course in pregnancy discrimination, said it is exceedingly rare for a company like Google to take an employee to court over an issue like this. "It almost seems they are trying to make an example over her," she said, before highlighting that men accused of wrongdoing at Google have received much better treatment than Glasson.

"When you look at the way men accused of sexual harassment were treated versus the way a woman alleging pregnancy discrimination was treated, it is such a despicable example of the role of misogyny and patriarchy in these tech companies."

'It's not at all a fair fight'

In the time since Glasson first filed her complaint, the attention paid to poor labor conditions in the tech industry - from white-collar developer jobs, to gig economy temps, and warehouse workers - has only grown.

In early April 2021, the National Labor Relations Board found that two Amazon employees were unfairly fired in retaliation for internally criticizing discriminatory practices.

In December 2020, Pinterest reached a $22m settlement with a female former executive over pay discrimination. Before that, two former employees, Ifeoma Ozoma and Aerica Shimizu Banks, came forward with allegations that they were retaliated against for advocating for fair pay.

Google, meanwhile, has continued to face claims of discrimination and retaliation.

Even in the midst of her own case, Glasson participated in global walkouts over Google's handling of sexual misconduct and other equity issues in the workplace. In December 2020, more than 1,200 Google employees signed a letter condemning the company for allegedly firing an ethics researcher in retaliation for her criticism of Google's diversity programs.

"I couldn't help but wonder at the time, 'It's easy to show up for something like this, but what would my co-workers actually do if they learned of what was happening to me?'" she said. "As I later learned, most would do little to nothing."

Still, Glasson said countless Googlers have reached out to her in the years since her case wasfirst publicized in the online memo. The case is now scheduled to go to court in December.

"A lot of them tell me 'I wish I had the courage to fight like you'," she said. "It is heartbreaking, because they often have a lot of shame, and there is nothing to be ashamed about. It is such a difficult path to take, to fight this, and it is not right for every individual.

"It really takes a huge toll," she added. "I would not wish this on anyone."

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She sued for pregnancy discrimination. Now she's battling Google's army of lawyers

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hen Chelsey Glasson found out she was pregnant with her second child in 2019, she did not anticipate the first three years of her new baby's life would be overshadowed by an epic legal battle against a trillion-dollar company.

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Now after reading this article, I understand that equality does not make sense only when we are talking about gender equality to mean, women's rights being respected or women being given credit for their efforts. Because that is what I used to think, it is a shame. Even at this time. Now I do understand that equality means equity between men and women in every sector, everywhere, not only for women. I have recently read this article, saying how astonishing it was that above that men were being paid more that women on average but also that they are taking the roles that belong to "women" like midwifery. Now this got it. Because I was so moved, asking myself how comes a man can take on that kind of role. The point I am trying to make is that we all have our own stereotypes about what men and women can or cannot do. Which brings us to the term we are discussing about; "equality and diversity". Rwanda is well known for it's growing improvements in gender equality in the legislation. Where 64% of parliamentarians are women. It is impressing. Without omitting that women are also involved in agriculture, among other sectors that are considered to be manly. Now let us talk about diversity because I believe it goes hand in hand with equality and equity. Different people sharing their stories and their savoir faire is a very nice way to achieve productivity and innovation in any sector I believe. There is still progress to achieve, in different sector in Rwanda, because there are still some roles like carpentry or let me say mechanical engineering that are still considered to be manly. That even when a young girl who is passionate about pursuing these roles, her parents tell her that carpentry is a manly role, that maybe she can take trainings as a hair dresser or a shop receptionist. Or the reverse happens, a young boy who wishes to be a hair dresser or a manicurist. And sadly we do not have that many women who occupy manager roles. Not that there is a perfect proportion to be achieved but there is still a gap that needs to be filled when it comes to males and females in the workplace.

Melissa Bonté Igihozo Ngwinutete

References:
Kitetu, T., 2020. Assessment of the role of legislature in attainment of gender equality: a comparative study of Kenya and Rwanda (Doctoral dissertation, Moi University). [viewed on 04/10/2021]. Available from:
http://ir.mu.ac.ke:8080/jspui/handle/123456789/4211

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Moi University Open Access Repository: Assessment of the role of legislature in attainment of gender equality: a comparative study of Kenya and Rwanda

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Please use this identifier to cite or link to this item: http://ir.mu.ac.ke:8080/jspui/handle/123456789/4211 Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.

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Ableism in the workplace (Davina Yawson)

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Ableism in the workplace (Davina Yawson)

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This article talks about ableism and the treatment disabled people face due to their conditions.

It looks at the sizable pay gap between disable people and non-disabled people. Additionally, it places emphasis on the low percentage of employment of disabled compared to non-disabled people. This is a very important topic as many companies refuse to actively work towards making their workplaces more accommodating to people with disabilities. It also brings up the importance of education centered around disabilities.

https://www.forbes.com/sites/forbescoachescouncil/2020/10/15/guilty-as-charged-ableism-is-everywhere/?sh=d4085f67b42f

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Dana Manciagli is President of Job Search Master Class®, the world's leading online course for job seekers and the veteran community, too.
What is ableism? Well, we all know about sexism, racism, ageism, etc. Ableism is more than a word in this list of "isms." Ableism is a little-known but widely systematic and negative bias affecting persons with disabilities. Simplified, ableism is discrimination or prejudice against a person with a disability.

Rebekah Taussig, author of Sitting Pretty and a Ph.D. in creative nonfiction and disability studies, challenges the traditional dictionary versions and provides her definition, coming from her chair of permanent paralysis: "Ableism is the process of favoring, fetishizing, and building the world around a mostly imagined, idealized body while discriminating against those bodies perceived to move, see, hear, process, operate, look, or need differently from that vision."

Suppose we expand our definition of a person with a disability to include those with any motor, auditory, perception, vision or learning challenge. In that case, we add a lot more people to this list. Know that many disabilities are invisible. Now, expand your thinking to how persons with disabilities are excluded from activities, both face-to-face and online. That is discrimination.

Before I expand on my personal guilt, I want to share three reasons why I'm writing this piece.

1. I am one of the country's top job search experts, focused on populations facing the highest discrimination in the hiring world. I built a system for job seekers to follow and land meaningful employment.

2. In my seven-year journey to build a candidate success solution, I dived deep into the misleading numbers of "low unemployment." There are too many categories of high employment to list here. Some examples are Baby Boomers (ageism), U.S. military veterans, military spouses, underserved communities (with low access to college degrees) and persons with disabilities.

In 2017, 18.7% of people with a disability were employed, the U.S. Bureau of Labor Statistics reports. The employment-population ratio for those without a disability, in contrast, was 65.7%. The average annual income for a disabled person was $25,400 less than for a nondisabled person.

3. I am a person with a disability. You see, some disabilities are visible, but many are invisible, and our bodies can shift in and out of a "disabled" state. I have battled cancer three times throughout my career and now live with stage IV metastatic breast cancer... the last stage. I recently had one potential client say, "I'm not sure we can go with your service since we don't know how long you'll be around." That's ableism.

I'm not perfect; here are a few dumb things I have said and done concerning ableism. What about you?

* I've held meetings in places that were not friendly to people with disabilities. There was no consideration of the time, physical location or room layout. I didn't think to ask attendees if they needed any special accommodations.

* In the grocery store, I have walked up to someone in a wheelchair and said, "Do you need help?" They are adults, perfectly capable of living their life without me. They can pick their yogurt flavors and check out. It is better just to smile and say hello if that's what you do while strolling down the aisle. Don't help them without asking, either!

* When I first built my online course, I had no video captions, image descriptions or accessibility technology built in. It never even crossed my mind. Now, all my courses have the accessibility technology (AT) by meeting a standard compliant with the Americans with Disabilities Act (ADA). However, just because I meet the technology standard doesn't mean that it's usable by those with auditory, visual, motor and perception challenges. My company is doing usability studies right now and finding glaring faults in our solution.

* I've gone out of my way to say, "Oh, let me get the elevator for you!" I just shined a bright shiny light on the fact that they are different. But guess what? They can reach the elevator call button just fine!

* I've asked a person personal questions about their disability. But I don't usually ask total strangers to tell me their ailments or how they do certain things. Just because they are disabled does not mean they are here to teach us about life with their disability. Avoid asking caregivers, as well. It can be equally annoying.

* I've called people with disabilities "brave" or "inspiring." This can be very patronizing. Save the praise for someone bungee-jumping or climbing Mount Everest.

Here are a few more essential don'ts. The following list might get you started in thinking differently - a lot differently.

* Don't shout. Louder is not better.

* Don't lean on or move a wheelchair without permission.
We Have Good Intentions
* Don't distract a service dog (and petting is distracting them).

* Don't rush a person with a speech impediment or stutter. Please don't fill in the blanks for them; please do have patience!

In a world where most people are just trying to be kind, we need to ensure empathy trumps kindness. We need to imagine what it's like to receive baby talk, unsolicited advice and unsolicited prayers and have a light shine on us like a Martian from outer space.

To quote Rebekah Taussig again, "A group is marginalized because society marginalizes them. Society also has the power to change that. What would it mean for disabled folks if society saw us as acceptable, equal, valuable parts of the whole?"

Forbes Coaches Council is an invitation-only community for leading business and career coaches. Do I qualify?

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Council Post: Guilty As Charged: Ableism Is Everywhere

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Dana Manciagli is President of Job Search Master Class® , the world's leading online course for job seekers and the veteran community, too. What is ableism? Well, we all know about sexism, racism, ageism, etc. Ableism is more than a word in this list of "isms." Ableism is a little-known but widely systematic and negative bias affecting persons with disabilities.

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Equity Legislations in Kenya - Non Discrimination. Diana Wanjiku

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Equity Legislations in Kenya - Non Discrimination. Diana Wanjiku

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The Constitution of Kenya prohibits discrimination either directly or indirectly against any person on the basis of race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

The Employment Act, with specific reference to employment, states that a person's access to any institution, employment or facility, or the enjoyment of any right may not be denied because of a person's belief or religion. The Act further prohibits employers from discrimination against a current or a prospective worker on the basis of race, colour, sex, language, religion, political or another opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status.
Discrimination in the process of recruitment, training, promotion, terms and conditions of employment, termination of employment and other matters related to employment is not allowed.

Anti-union discrimination and discrimination against a person with disabilities is also prohibited under the Labour Relations Act and Persons with Disabilities Act 2003 respectively. In accordance with the Persons with Disabilities Act, no person can deny a person with disability access to opportunities for suitable employment. A qualified employee with a disability is subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as qualified able-bodied employees. An employee with a disability is entitled to exemption from tax on all income accruing from his employment.

The  National Council for Persons with Disabilities endeavors to ensure the implementation of a five per cent quota for persons with disabilities in all casual, emergency and contractual positions in employment in the public and private sectors.

Reference-
WageIndicator subsite collection. (2020). Fair Treatment. [online] Available at: https://africapay.org/kenya/labour-laws/fair-treatment-at-work [Accessed 4 Oct. 2021].

Uganda's Equity Legislation - https://chapterfouruganda.org/key-thematic-focus/equality-non-discrimination

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"All persons are equal before and under the law in all spheres of political, economic, social and cultural life and every other respect and shall enjoy equal protection of the law "...a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, creed or religion, social or economic standing, political opinion or disability"

Article 23 (1) & (2) of the Constitution of the Republic of Uganda African Charter on Human and Peoples' Rights

"Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status."

"Every individual shall be equal before the law...every individual shall be entitled to equal protection of the law."

Articles 2, 3 (1) & (2) of the African Charter on Human and Peoples' Rights (Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986) In spite of unprecedented progress at the national, regional and international level in enhancing the legal protection of individuals and groups of individuals against discrimination, the practice remains pervasive. The most vulnerable and marginalized groups...................................................................... General Comment 18 Discrimination

"that the term 'discrimination' as used in the Covenant should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms"

(General Comment No. 18, in United Nations Compilation of General Comments, p. 134, para. 1) Dr. Slyvia Tamale, Law Professor Equality Statement of principle on equality and non-discrimination

"...it is clear that we face serious and several challenges to the full realization of our civil liberties and democratic freedoms in present-day Uganda. In this respect, I welcome the establishment of ―Chapter Four Uganda because your voice is a necessary and vital addition to the many others in civil society that have been speaking out against the violations of human rights and democratic freedoms with which we are now faced. You are young, dynamic and critical."

Dr. Sylvia Tamale, Associate Professor of Laws at Makerere University Law School (Keynote address at the formal launch of Chapter Four Uganda on March 7, 2014).

"If it becomes acceptable to target, vilify and disenfranchise the weakest of us, then it is just a short step away from us losing our basic human values; the values of compassion, of love and of basic respect for our fellow beings. This is what I call the act of re-balancing the inequalities that the structures of dominance and control seek to impose on the weak and the disenfranchised in society."

"Lawyers have numerous avenues through which they can move to a re-engineer both the profession and the wider society...we can use litigation, legislation, mass media, and research to bring about change. All we need is a commitment to change the status quo by collaborating with the community"

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"All persons are equal before and under the law in all spheres of political, economic, social and cultural life and every other respect and shall enjoy equal protection of the law "...a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, creed or religion, social or economic standing, political opinion or disability"

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In simpler words, equality before the law means that all people are treated equally before the law, without discrimination. All Rwandans are born with equal rights and freedoms. Discrimination of any kind, or its propaganda, is prohibited and punishable by law, including discrimination based on ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, physical or mental disability, or any other form of discrimination.

Rwanda has signed and ratified a number of international and regional human rights treaties that prohibit discrimination. The International Covenant on Civil and Political Rights, the Convention Against All Forms of Discrimination Against Women, and the African Charter on Human and Peoples' Rights are among them. International treaties become part of Rwandan law after they are ratified. Rwanda enacted various anti-discrimination laws between 2001 and 2018 in order to protect and promote the right to be free from discrimination.

https://journals-sagepub-com.gcu.idm.oclc.org/doi/full/10.1177/1358229120956497

-Denyse Uwase-

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South Africa's legislation on equality and diversity- Nomvula Mahati

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South Africa's legislation on equality and diversity- Nomvula Mahati

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As South Africans, our rights are
entrenched and protected by the South African Constitution and its Bill of Rights.  In turn, laws give effect to the different rights. The right to Equality, as one of these rights, is secured by the Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000 and the Employment Equity Act, No. 55 of 1998. The two Acts work in collaboration. It is to be noted, however, that the Promotion of Equality and Prevention of
Unfair Discrimination Act, likewise alluded to as the Equality Act, does not apply to any
person to whom the Employment Equity
Act applies, or similarly. The Work Equity Act applies to all managers and workers, as characterized by the Act, aside from the individuals from the Public Defense Force, the National Knowledge Agency and the South African Secret Service. The Equality Act gives for those avoided from the Employment Value (EE) Act, subsequently including the jobless and individuals from the up to- referenced legislative offices. The Equity Act can likewise be utilized by all the individuals of South Africa, including employers and employees, for disputes not provided for in the EE Act, such as hate speech.

The Equality Act aims to:
• prevent and prohibit unfair discrimination
and harassment;
• promote equality;
• eliminate unfair discrimination; and
• prevent and prohibit hate speech.
The Act also makes provision for:
• remedies for victims of any of the above;
• compliance with international law obliga-
tions, including treaty obligations; and
• measures to educate the public and raise
public awareness on equality.
The Equality Act endeavours to facilitate
the transition to a democratic society that
is united in its diversity and guided by the
principles of equality, fairness, equity,
social progress, justice, human dignity and
freedom. It places a positive duty and
responsibility on the state, non-govern-
mental organisations, community-based
organisations, traditional institutions and
all persons to promote equality.
In addition, all ministers must implement
measures aimed at achieving equality in
their areas of responsibility by:
• eliminating any form of unfair discrimi-
nation and making sure inequality in any
law, policy or practice, for which they are
responsible, is not continued; and
• preparing and implementing equality
plans for submission to the South
African Human Rights Commission.
Equality, in terms of the Act, includes the
full and equal enjoyment of rights and free-
doms as contemplated in the Constitution,
in all respects.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.westerncape.gov.za/text/2004/11/2003_eqc_brochure.pdf&ved=2ahUKEwjhi_ednLDzAhVJPBoKHd_4BSkQFnoECAQQAQ&usg=AOvVaw1Ug11uD7UV7GA9hmo0oQ20

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The World Bank’s recent report, gives an analysis of the nature of earnings mobility and inequality of opportunities within the various groups in the Mauritian labor market to better understand the gaps between the low-paid workers and high-paid workers who have the same skills characteristics and to what extent circumstances at birth affect the ability of an individual to access certain good jobs.

https://www.worldbank.org/en/country/mauritius/publication/mauritius-earnings-mobility-and-inequality-of-opportunity-in-the-labor-market-in-four-charts

Kenya's workplace gender parity gap growing wider

This article gives an overview of the growing gender parity gap in Kenya according to the Global Gender Gap Index 2020. It shows that Kenya’s index has dropped lagging behind other African countries including her fellow East African countries. The article gives a vivid analysis on how disadvantaged women are in Kenya including economic opportunities while highlighting the causes and some of the solutions that can be implemented to increase equal access to these opportunities for women. I personally believe that there should be equal opportunities for everyone despite their gender. No one should be discriminated. Therefore, Kenya still has a long way to go because even the index shows that the gap has increased compared to 2018 which does not really look good for Kenya.

https://www.businessdailyafrica.com/bd/data-hub/kenya-s-workplace-gender-parity-gap-growing-wider-2290398

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PORT LOUIS, April 24, 2019- The increase in income inequality over the past decades in Mauritius was driven by a progressive shift from traditional and low-skill sectors to services. This transformation has generated a considerable rise in the demand for skilled workers that the country is struggling to meet, despite higher education levels among the population. As a consequence, high-skilled workers received considerably larger wage increases compared with low-skilled workers, and people have become trapped in low-paying jobs with little ability to work their way out.

The World Bank's recent report, Mauritius: Earnings Mobility and Inequality of Opportunity in the Labor Market, takes a closer look the extent and nature of earnings mobility and inequality of opportunity in the Mauritian labor market to better understand whether low-paid workers can catch up in earnings with high-paid workers who have the same characteristics, which individual characteristics foster earnings mobility, and to what extent circumstances at birth affect the ability of an individual to access certain good jobs.

The following four charts outline the report's key findings and provide recommendations for the way forward.

Low-paid workers in Mauritius are slowly catching up to high-paid workers. Between 2005 and 2015, workers who made the least posted an average growth in earnings of about 24% or about 772 Rupees over a 16-month period. This compares with an average loss of about 15% among workers who made the most, which corresponds to a median reduction in earnings of 2,200 Rupees.
Percentage Changes in Earnings, by Initial Earnings Quintile, 2005-15

Women and low-educated workers are not catching up as quickly. Women generally experience less mobility than men with similar characteristics, as do low-educated workers relative to their well-educated peers. For example, workers with post-secondary or tertiary education see a larger change in earnings over a 16-month period, 43 percentage points, than those who have only completed primary school.
Effect of Being a Woman and of Having Different Educational Attainments on Percentage Change in Earnings, 2005-15

Convergence in earnings' growth is not enough to offset the increase in inequality. The rise in earnings inequality observed over the last decade suggests that earnings at the bottom of the distribution have grown less than earnings at the top (red bars). At the same time, tracking workers over a period of 16 months shows that workers initially at the bottom of the distribution have experienced a larger increase in earnings than those initially at the top (blue bars). This may seem counterintuitive. The key to understanding the difference between these two findings is that workers at different points of the earnings distribution change over time, as they move along the distribution. Workers initially at the bottom are not the same workers that are found at the bottom 16 months later because they have moved slightly upward. The opposite is observed in the case of workers initially at the top. Therefore, inequality, which measures the gap between earnings at the bottom and at the top, might be widening, while individuals who start at the bottom are seeing more upward movement than those who start at the top.
Median Changes in Earnings by Quintile: Anonymous and Panel Workers, 2005-15

Women and youth continue to have less access to jobs. Between 2000 and 2011, equality in access to labor market opportunities overall improved, largely due to an increase in education across the population. However, these opportunities are not equally distributed, and gender, education and age explain the largest share of that inequality. Women are less likely to access employment in general, especially full-time employment. In 2016, the participation rate for men was as high as 89%, whereas women were only at 56%. Education plays an important role in explaining access to good quality employment, and youth in Mauritius experience a higher-than-average unemployment rate. Two things drive high youth unemployment in Mauritius: one, reluctance among low skilled youth to take up jobs in certain sectors, particularly agriculture and export-oriented enterprises, because of the working conditions and the social status associated with being employed in these sectors; and two, difficulties faced by employers in finding people with proficiency in technical skills, suggesting that the Mauritian education system does not meet labor market demands and/or youth are less likely to select those curricula even if available.
Contributors to Inequality in Access to Labor Market Opportunities, 2000 and 2011

Going forward, Mauritius has the opportunity to strengthen policies targeted at developing skills in line with the changing economic landscape. This can further enhance mobility in earnings and help offset inequality. Workers with skills that are most demanded in the labor market not only start off with higher earnings, but they also experience faster earnings growth. As a first step, a comprehensive assessment of the current and future skills that firms need can help inform education curricula, and training programs can help those who are already working adapt to the new demands of the labor market.

The country should also continue with more women-friendly social policies that foster women's participation into the labor market and reduce the gender wage gap. Affordable childcare and eldercare as well as working-time regulations that promote flexibility can help in this regard. Awareness campaigns can help to shift norms on the employment of women in high-paying positions. Investing in career promotion and leadership development programs for women could also help them prepare for private sector jobs.

To tackle high youth unemployment, Mauritius can focus in two areas. One, improving the connection between education and training systems and the labor market so that people can learn the skills required for today's and tomorrow's jobs. Two, consolidating fragmented employment programs and linking them more closely with education policies and employer demand in order to create a comprehensive approach including on-the-job training, short classroom training, life-skills training, labor market intermediation services, and career guidance.

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Mauritius: Earnings Mobility and Inequality of Opportunity in the Labor Market in Four Charts

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PORT LOUIS, April 24, 2019- The increase in income inequality over the past decades in Mauritius was driven by a progressive shift from traditional and low-skill sectors to services. This transformation has generated a considerable rise in the demand for skilled workers that the country is struggling to meet, despite higher education levels among the population.

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Where permitted by law, spousal sexual abuse, including marital rape, amounts to legal approval of violence against women in one of their most personal settings. This scenario has a negative impact on women's equality in marriage and in society as a whole. Prior to 2007, the Criminal Code, 1960 (Act 29) excused spouses from withdrawing permission provided for the purposes of marriage under section 42(g), and the provision was interpreted to encompass consent to sex in marriage. This clause meant that husbands could not be held legally responsible for raping their spouses since their women had "perpetually agreed" to sex while they were married.1 The marital exemption was ruled illegal in 2007 by a statutory revision2, and a Domestic Violence law3 was established, which stated that violence could not be justified on the basis of consent. Because of these amendments, husbands can now be prosecuted for marital rape if they have sex with their spouses without their wives' permission.(A. Archampong, 2021)

A. Archampong, E., 2021. MARITAL RAPE – A WOMEN’S EQUALITY ISSUE IN GHANA. [online] Theequalityeffect.org. Available at: <http://www.theequalityeffect.org/pdfs/maritalrapeequalityghana.pdf> [Accessed 4 October 2021].

Irene Boadi

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The Ethiopian Constitution guarantees the right to equality in employment, promotion, pay and the transfer of pension entitlement (Article 35 (8) of the Constitution).

The Labour Proclamation in its Article 14 (Unlawful Activities) penalizes any discrimination against female workers in matters of remuneration, on the ground of sex (Article 14 (1) b)) and contains a general provision of anti-discrimination on the basis of sex, religion, political outlook “or any other condition” (Article 14 (1) f)).

Even though the Constitution recognizes the given historical disparities, an obligation on certain employers to implement affirmative action measures to advance women's participation is not imposed. The world of work is still far from substantive equality.

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In the Nigerian constitution (1999), amended in 2011, under Chapter IV: Fundamental rights, Section 42 (1), mandates equality regardless of gender, political party, origin and religion.

According to the constitution, a citizen of Nigeria despite their community, ethnic group, place of origin, sex, religion or political opinion is protected from being held against discriminatory laws that are not applied to others outside their community, ethnic group, place of origin, sex, religion or political opinion.

Similarly, within any sub-laws in Nigeria, including in any corporate setting, a citizen of Nigeria will not be held to law because of their community, ethnic group, place of origin, sex, religion or political opinion if it does not apply to others of other community, ethnic group, place of origin, sex, religion or political opinion.

What does India say about equality? http://ceodelhi.gov.in/eLearningv2/admin/EnglishPDF/chapter%206%20Democratic%20rights.pdf

Reference
Nigeria's Constitution of 1999 with Amendments through 2011, c. 4, Available at: https://www.constituteproject.org/constitution/Nigeria_2011.pdf?lang=en (Accessed: 4 October 2021)

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Under the Constitution of the United Republic of Tanzania equality (The Employment and Labour Relations Act, 2004 and Constitution of Tanzania, art. 12, 3, 7, 23) All human beings are born equal and are equal before the law.
The legislation also acknowledges the rights to labour and to equal pay, and it encourages employers to take efforts to ensure that men and women workers get paid equally for work of comparable worth.
The law requires employers to promote equal opportunity in the workplace and seek to eradicate discrimination in any employment policy or practice also the employer must file a plan with the Labour Commissioner to promote equal opportunity and eradicate discrimination.

Rsf.org. 2021. THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA. [online] Available at: <https://rsf.org/sites/default/files/constitution.pdf> [Accessed 2 October 2021].

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Equality / Statutes that apply to equality- Shandukani Ramazhamba

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Equality / Statutes that apply to equality- Shandukani Ramazhamba

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South Africa has proactive legislation protecting and promoting human rights in general, as well as in the workplace.

The  Employment Equity Act of 1998 states that : No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, color, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground.

It also states that a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly related is discrimination.

http://www.saflii.org/za/legis/consol_act/eea1998240/

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You are here: SAFLII >> Databases >> South Africa: Consolidated Acts >> Employment Equity Act 1998

Employment Equity Act 1998

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Last checked: 30 October 2019

EMPLOYMENT EQUITY ACT
[Updated to 1 August 2014]

Act 55 of 1998 (Notice 1323, G. 19370),
Proc. R55, G. 20057,
Proc. R83, G. 20339,
Proc. R115, G. 20626,
Act 65 of 2002 (GoN 1236, G. 24390, c.i.o 20 February 2003 [Proc. 10, G. 24475]),
Act 68 of 2002 (GoN 189, G. 24356, c.i.o 28 February 2003 [Proc. 17, G. 25003]),
Act 52 of 2003 (GoN 83, G. 25961, c.i.o 28 February 2003),
Act 47 of 2013 (GoN 16, G. 37238, c.i.o 1 August 2014 [Proc. 50, G. 37871]).

[Commencement: Chapter IV (ss 28 to 33): 14 May 1999; Chapter II (ss 5 to 11) and ss 1, 2, 3, 4, 34, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 59, 60, 61, 62, 63 and 64 and Schs 2 and 3: 9 August 1999; Chapter III (ss 12 to 27) and ss 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 58, 65 and Schs 1 and 4: 1 December 1999]
ACT
PREAMBLE that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income within the national labour market; and that those disparities create such pronounced disadvantages for certain categories of people that they cannot be redressed simply by repealing discriminatory laws; promote the constitutional right of equality and the exercise of true democracy; eliminate unfair discrimination in employment; ensure the implementation of employment equity to redress the effects of discrimination; achieve a diverse workforce broadly representative of our people; promote economic development and efficiency in the workforce; and give effect to the obligations of the Republic as a member of the International Labour Organisation. __________________ (English text signed by the President) [Assented To: 12 October 1998] __________________
ARRANGEMENT OF SECTIONS

CHAPTER II
PROHIBITION OF UNFAIR DISCRIMINATION Therefore, in order to- Enforcement To provide for employment equity; and to provide for matters incidental thereto.

BE IT ENACTED by the Parliament of the Republic of South Africa as follows.

1. Definitions

2. Purpose of this Act

3. Interpretation of this Act

4. Application of this Act

1. Elimination of unfair discrimination

2. Prohibition of unfair discrimination

3. Medical testing

4. Psychometric testing

5. Applicants

6. Disputes concerning this Chapter

7. Burden of proof

1. Application of this Chapter

2. Duties of designated employers

3. Voluntary compliance with this Chapter

4. Affirmative action measures

5. Consultation with employees

6. Matters for consultation

7. Disclosure of information

8. Analysis

9. Employment equity plan

10. Report

11. Publication of report

12. Successive employment equity plans

13. Designated employer must assign manager

14. Duty to inform

15. Duty to keep records

16. Income differentials and discrimination

1. Establishment of Commission for Employment Equity

2. Composition of Commission for Employment Equity

3. Functions of Commission for Employment Equity

4. Staff and expenses

5. Public hearings

6. Report by Commission for Employment Equity

Monitoring by employees and trade union representatives

1. Powers of labour inspectors

2. Undertaking to comply

3. Compliance order

4. Limitations

5. ...

6. ...

7. Register of designated employers

8. Assessment of compliance

9. Review by Director-General

10. Outcome of Director-General's review

11. Failure to comply with Director-General's request or recommendation

1. Conflict of proceedings

2. Consolidation of proceedings

3. Powers of commissioner in arbitration proceedings

4. Jurisdiction of Labour Court

5. Powers of Labour Court

1. Protection of employee rights

2. Procedure for disputes

1. State contracts

2. Codes of good practice

3. Regulations

4. Delegations

5. Temporary employment services

6. Designation of organs of state

7. Breach of confidentiality

8. Liability of employers

9. Obstruction, undue influence and fraud

10. This Act binds State

11. Application of Act when in conflict with other laws

12. Repeal of laws and transitional arrangements

64A. Amendment of annual turnover thresholds in Schedule 4

Schedule 1: Maximum permissible fines that may be imposed for contravening this act
Schedule 2: Laws repealed
Schedule 3: Transitional arrangements
Schedule 4: Turnover threshold applicable to designated employers

In this Act, unless the context otherwise indicates-

"Basic Conditions of Employment Act" means the Basic Conditions of Employment Act, 1997 (Act 75 of 1997);

"black people" is a generic term which means Africans, Coloureds and Indians;

"CCMA" means the Commission for Conciliation, Mediation and Arbitration, established by section 112 of the Labour Relations Act;

"code of good practice" means a document issued by the Minister in terms of section 54;

"collective agreement" means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand-

(a) one or more employers;

(b) one or more registered employers' organisations; or

(c) one or more employers and one or more registered employers' organisations;

"Commission" means the Commission for Employment Equity, established by section 28;

"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

"designated employer" means-

(a) an employer who employs 50 or more employees;

(b) an employer who employs fewer than 50 employees, but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of Schedule 4 to this Act;

(c) a municipality, as referred to in Chapter 7 of the Constitution;

(d) an organ of state as defined in section 239 of the Constitution, but excluding the National Defence Force, the National Intelligence Agency and the South African Secret Service; and

["designated employer" para (d) subs by s 1(a) of Act 47 of 2013.]

(e) an employer bound by a collective agreement in terms of section 23 or 31 of the Labour Relations Act, which appoints it as a designated employer in terms of this Act, to the extent provided for in the agreement;

"designated groups" means black people, women and people with disabilities who-

(a) are citizens of the Republic of South Africa by birth or descent; or

(b) became citizens of the Republic of South Africa by naturalisation-

(i) before 27 April 1994; or

(ii) after 26 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date but who were precluded by apartheid policies;

["designated groups" subs by s 1(b) of Act 47 of 2013.]

"Director-General" means the Director-General of the Department of Labour;

"dismissal" has the meaning assigned to it in section 186 of the Labour Relations Act;

"dispute" includes an alleged dispute;

" employee" means any person other than an independent contractor who-

(a) works for another person or for the State and who receives, or is entitled to receive, any remuneration; and

(b) in any manner assists in carrying on or conducting the business of an employer,

and "employed" and "employment" have corresponding meanings;

"employment law" means any provision of this Act or any of the following Acts-

(a) The Unemployment Insurance Act, 1966 (Act 30 of 1966);

(b) the Guidance and Placement Act, 1981 (Act 62 of 1981);

(c) the Manpower Training Act, 1981 (Act 56 of 1981);

(d) the Occupational Health and Safety Act, 1993 (Act 85 of 1993);

(e) the Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993);

(f) the Labour Relations Act, 1995 (Act 66 of 1995);

(g) the Basic Conditions of Employment Act, 1997 (Act 75 of 1997);

(h) any other Act, whose administration has been assigned to the Minister;

"employment policy or practice" includes, but is not limited to-

(a) recruitment procedures, advertising and selection criteria;

(b) appointments and the appointment process;

(c) job classification and grading;

(d) remuneration, employment benefits and terms and conditions of employment;

(e) job assignments;

(f) the working environment and facilities;

(g) training and development;

(h) performance evaluation systems;

(i) promotion;

(j) transfer;

(k) demotion;

(l) disciplinary measures other than dismissal; and

(m) dismissal;

"family responsibility" means the responsibility of employees in relation to their spouse or partner, their dependent children or other members of their immediate family who need their care or support;

"HIV" means the Human Immunodeficiency Virus;

"labour inspector" means a person appointed in terms of section 63 of the Basic Conditions of Employment Act;

["labour inspector" subs by s 1(c) of Act 47 of 2013.]

"Labour Relations Act" means the Labour Relations Act, 1995 (Act 66 of 1995);

"medical testing" includes any test, question, inquiry or other means designed to ascertain, or which has the effect of enabling the employer to ascertain, whether an employee has any medical condition;

"Minister" means the Minister of Labour;

"NEDLAC" means the National Economic, Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act 35 of 1994);

"organ of state" means an organ of state as defined in section 239 of the Constitution;

"people with disabilities" means people who have a long-term or recurring physical or mental impairment which substantially limits their prospects of entry into, or advancement in, employment;

"pregnancy" includes intended pregnancy, termination of pregnancy and any medical circumstances related to pregnancy;

"prescribed" means prescribed by a regulation made under section 55;

"public service" means the public service referred to in section 1(1) of the Public Service Act, 1994 (promulgated by Proclamation 103 of 1994), and includes any organisational component contemplated in section 7(4) of that Act and specified in the first column of Schedule 2 to that Act, but excluding-

(a) the National Defence Force;

(b) the National Intelligence Agency;

["public service" paragraph (b) am by s 26 (Sch 1) of Act 68 of 2002.]

(c) the South African Secret Service;

(d) the South African National Academy of Intelligence;

["public service" para (d) ins by s 40(1) (Item 1 Sch) of Act 65 of 2002.]

(e) Comsec;

["public service" para (d) (second para (d) ins by s 26 (Item 1 Sch 1) of Act 68 of 2002; renumbered as para (e) by s 25(2) (Item 1 Sch 2) of Act 52 of 2003.]

"reasonable accommodation" means any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment;

"registered employers' organisation" means an employers' organisation as defined in section 213 of the Labour Relations Act and registered in terms of section 96 of that Act;

"registered trade union" means a trade union as defined in section 213 of the Labour Relations Act and registered in terms of section 96 of that Act;

"remuneration" means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State;

"representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, that are sufficiently representative of the employees employed by an employer in a workplace;

"Republic" means the Republic of South Africa as defined in the Constitution;

"serve" or "submit", in relation to any communication, means either-

(a) to send it in writing delivered by hand or registered post;

(b) to transmit it using any electronic mechanism as a result of which the recipient is capable of printing the communication; or

(c) to send or transmit it in any other prescribed manner;

["serve" or "submit" subs by s 1(d) of Act 47 of 2013.]

"suitably qualified person" means a person contemplated in sections 20(3) and (4);

"this Act" includes any regulations made under section 55, but excludes any footnote;

"trade union representative" means a member of a registered trade union who is elected to represent employees in a workplace;

"workplace forum" means a workplace forum established in terms of Chapter V of the Labour Relations Act.

[Commencement of s 1: 9 August 1999.]

The purpose of this Act is to achieve equity in the workplace by-

(a) promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and

(b) implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational levels in the workforce.

[Commencement of s 2: 9 August 1999; s 2(b) subs by s 2 of Act 47 of 2013.]

This Act must be interpreted-

(a) in compliance with the Constitution;

(b) so as to give effect to its purpose;

(c) taking into account any relevant code of good practice issued in terms of this Act or any other employment law; and

(d) in compliance with the international law obligations of the Republic, in particular those contained in the International Labour Organisation Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation.

[Commencement of s 3: 9 August 1999.]

(1) Chapter II of this Act applies to all employees and employers.

(2) Except where Chapter III provides otherwise, Chapter III of this Act applies only to designated employers and people from designated groups.

(3) This Act does not apply to members of the National Defence Force, the National Intelligence Agency, the South African Secret Service or the South African National Academy of Intelligence or to the directors and staff of Comsec*.
* These persons are not defined as "employees" under the Labour Relations Act. However, they could bring unfair discrimination matters before the Constitutional Court, or lodge complaints with the Human Rights Commission.

[Commencement of s 4: 9 August 1999; s 4(3) subs by s 40(1) (Item 2 Sch) of Act 65 of 2002, s 26 (Item 2 Sch 1) of Act 68 of 2002, s 25(2) (Item 2 Sch 2) of Act 52 of 2003.]

CHAPTER II
PROHIBITION OF UNFAIR DISCRIMINATION

Elimination of unfair discrimination

Every employer must take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice.

[Commencement of s 5: 9 August 1999.]

Prohibition of unfair discrimination

(1) No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground.

[S 6(1) subs by s 3(a) of Act 47 of 2013.]

(2) It is not unfair discrimination to-

(a) take affirmative action measures consistent with the purpose of this Act; or

(b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.

(3) Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in subsection (1).

(4) A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in subsection (1), is unfair discrimination.

[S 6(4) ins by s 3(b) of Act 47 of 2013.]

(5) The Minister, after consultation with the Commission, may prescribe the criteria and prescribe the methodology for assessing work of equal value contemplated in subsection (4).

[Commencement of s 6: 9 August 1999; s 6(5) ins by s 3(b) of Act 47 of 2013.]

(1) Medical testing of an employee is prohibited, unless-

(a) legislation permits or requires the testing; or

(b) it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirements of a job.

(2) Testing of an employee to determine that employee's HIV status is prohibited unless such testing is determined to be justifiable by the Labour Court in terms of section 50(4) of this Act.

[Commencement of s 7: 9 August 1999.]

Psychological testing and other similar assessments

Psychological testing and other similar assessments of an employee are prohibited unless the test or assessment being used-

(a) has been scientifically shown to be valid and reliable;

(b) can be applied fairly to all employees;

[S 8(b) am by s 4 of Act 47 of 2013.]

(c) is not biased against any employee or group; and

[S 8(c) am by s 4 of Act 47 of 2013.]

(d) has been certified by the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act 56 of 1974), or any other body which may be authorised by law to certify those tests or assessments.

[Commencement of s 8: 9 August 1999; s 8(d) ins by s 4 of Act 47 of 2013.]

For purposes of sections 6, 7 and 8, "employee" includes an applicant for employment.

[Commencement of s 8: 9 August 1999.]

(1) In this section, the word "dispute" excludes a dispute about an unfair dismissal, which must be referred to the appropriate body for conciliation and arbitration or adjudication in terms of Chapter VIII of the Labour Relations Act.

(2) Any party to a dispute concerning this Chapter may refer the dispute in writing to the CCMA within six months after the act or omission that allegedly constitutes unfair discrimination.

(3) The CCMA may at any time permit a party that shows good cause to refer a dispute after the relevant time limit set out in subsection (2).

(4) The party that refers a dispute must satisfy the CCMA that-

(a) a copy of the referral has been served on every other party to the dispute; and

(b) the referring party has made a reasonable attempt to resolve the dispute.

(5) The CCMA must attempt to resolve the dispute through conciliation.

(6) If the dispute remains unresolved after conciliation-

(a) any party to the dispute may refer it to the Labour Court for adjudication;

[S 10(6)(a) am by s 5(a) of Act 47 of 2013.]

(aA) an employee may refer the dispute to the CCMA for arbitration if-

(i) the employee alleges unfair discrimination on the grounds of sexual harassment; or

(ii) in any other case, that employee earns less than the amount stated in the determination made by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act; or

[S 10(6)(aA) ins by s 5(a) of Act 47 of 2013.]

(b) any party to the dispute may refer it to the CCMA for arbitration if all the parties to the dispute consent to arbitration of the dispute.

[S 10(6)(b) subs by s 5(b) of Act 47 of 2013.]

(7) The relevant provisions of Parts C and D of Chapter VII of the Labour Relations Act, with the changes required by context, apply in respect of a dispute in terms of this Chapter.

(8) A person affected by an award made by a commissioner of the CCMA pursuant to a dispute contemplated in subsection (6)(aA) may appeal to the Labour Court against that award within 14 days of the date of the award, but the Labour Court, on good cause shown, may extend the period within which that person may appeal.

[Commencement of s 10: 9 August 1999; s 10(8) ins by s 5(c) of Act 47 of 2013.]

(1) If unfair discrimination is alleged on a ground listed in section 6(1), the employer against whom the allegation is made must prove, on a balance of probabilities, that such discrimination-

(a) did not take place as alleged; or

(b) is rational and not unfair, or is otherwise justifiable.

(2) If unfair discrimination is alleged on an arbitrary ground, the complainant must prove, on a balance of probabilities, that-

(a) the conduct complained of is not rational;

(b) the conduct complained of amounts to discrimination; and

(c) the discrimination is unfair.

[Commencement of s 11: 9 August 1999; s 11 subs by s 6 of Act 47 of 2013.]

CHAPTER III
AFFIRMATIVE ACTION

Except where otherwise provided, this Chapter applies only to designated employers.

[Commencement of s 12: 1 December 1999.]

(1) Every designated employer must, in order to achieve employment equity, implement affirmative action measures for people from designated groups in terms of this Act.

(2) A designated employer must-

(a) consult with its employees as required by section 16;

(b) conduct an analysis as required by section 19;

(c) prepare an employment equity plan as required by section 20; and

(d) report to the Director-General on progress made in implementing its employment equity plan, as required by section 21.

[Commencement of s 13: 1 December 1999.]

Voluntary compliance with this Chapter

An employer that is not a designated employer may notify the Director-General that it intends to comply with this Chapter as if it were a designated employer.

[Commencement of s 14: 1 December 1999.]

(1) Affirmative action measures are measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are equitably represented in all occupational levels in the workforce of a designated employer.

[S 15(1) subs by s 7(a) of Act 47 of 2013.]

(2) Affirmative action measures implemented by a designated employer must include-

(a) measures to identify and eliminate employment barriers, including unfair discrimination, which adversely affect people from designated groups;

(b) measures designed to further diversity in the workplace based on equal dignity and respect of all people;

(c) making reasonable accommodation for people from designated groups in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer;

(d) subject to subsection (3), measures to-

(i) ensure the equitable representation of suitably qualified people from designated groups in all occupational levels in the workforce; and

[S 15(2)(d)(i) subs by s 7(b) of Act 47 of 2013.]

(ii) retain and develop people from designated groups and to implement appropriate training measures, including measures in terms of an Act of Parliament providing for skills development.

(3) The measures referred to in subsection (2)(d) include preferential treatment and numerical goals, but exclude quotas.

(4) Subject to section 42, nothing in this section requires a designated employer to take any decision concerning an employment policy or practice that would establish an absolute barrier to the prospective or continued employment or advancement of people who are not from designated groups.

[Commencement of s 15: 1 December 1999.]

(1) A designated employer must take reasonable steps to consult and attempt to reach agreement on the matters referred to in section 17-

(a) with a representative trade union representing members at the workplace and its employees or representatives nominated by them; or

(b) if no representative trade union represents members at the workplace, with its employees or representatives nominated by them.

(2) The employees or their nominated representatives with whom an employer consults in terms of subsection (1)(a) and (b), taken as a whole, must reflect the interests of-

(a) employees from across all occupational levels of the employer's workforce;

[S 16(2)(a) subs by s 8 of Act 47 of 2013.]

(b) employees from designated groups; and

(c) employees who are not from designated groups.

(3) This section does not affect the obligation of any designated employer in terms of section 86 of the Labour Relations Act to consult and reach consensus with a workplace forum on any of the matters referred to in section 17 of this Act.

[Commencement of s 16: 1 December 1999.]

A designated employer must consult the parties referred to in section 16 concerning-

(a) the conduct of the analysis referred to in section 19;

(b) the preparation and implementation of the employment equity plan referred to in section 20; and

(c) a report referred to in section 21.

[Commencement of s: 1 December 1999.]

(1) When a designated employer engages in consultation in terms of this Chapter, that employer must disclose to the consulting parties all relevant information that will allow those parties to consult effectively.

(2) Unless this Act provides otherwise, the provisions of section 16* of the Labour Relations Act, with the changes required by context, apply to disclosure of information.
* Section 16 of the Labour Relations Act contains detailed provisions about disclosure of information, and disputes concerning disclosure. Regulations concerning the conduct of an analysis may, under section 55, read with section 19, be made. However, the employment policies and practices defined in section 1 are an indication of the potential areas of both direct and indirect discrimination that should be subject to analysis.

[Commencement of s 18: 1 December 1999.]

(1) A designated employer must collect information and conduct an analysis, as prescribed, of its employment policies, practices, procedures and the working environment, in order to identify employment barriers which adversely affect people from designated groups.

(2) An analysis conducted in terms of subsection (1) must include a profile, as prescribed, of the designated employer's workforce within each occupational level in order to determine the degree of underrepresentation of people from designated groups in various occupational levels in that employer's workforce.

[Commencement of s 19: 1 December 1999; s 19(2) subs by s 9 of Act 47 of 2013.]

(1) A designated employer must prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in that employer's workforce.

(2) An employment equity plan prepared in terms of subsection (1) must state-

(a) the objectives to be achieved for each year of the plan;

(b) the affirmative action measures to be implemented as required by section 15(2);

(c) where underrepresentation of people from designated groups has been identified by the analysis, the numerical goals* to achieve the equitable representation of suitably qualified people from designated groups within each occupational level in the workforce, the timetable within which this is to be achieved, and the strategies intended to achieve those goals;

* Guidelines regarding the factors to be taken into account in determining numerical goals will be included in a Code of Good Practice. However, the factors listed in section 42(a) (Assessment of compliance) are relevant to setting numerical goals in each organisation.

[S 20(2)(c) subs by s 10(a) of Act 47 of 2013.]

(d) the timetable for each year of the plan for the achievement of goals and objectives other than numerical goals;

(e) the duration of the plan, which may not be shorter than one year or longer than five years;

(f) the procedures that will be used to monitor and evaluate the implementation of the plan and whether reasonable progress is being made towards implementing employment equity;

(g) the internal procedures to resolve any dispute about the interpretation or implementation of the plan;

(h) the persons in the workforce, including senior managers, responsible for monitoring and implementing the plan; and

(i) any other prescribed matter.

(3) For purposes of this Act, a person may be suitably qualified for a job as a result of any one of, or any combination of that person's-

(a) formal qualifications;

(b) prior learning;

(c) relevant experience; or

(d) capacity to acquire, within a reasonable time, the ability to do the job.

(4) When determining whether a person is suitably qualified for a job, an employer must-

(a) review all the factors listed in subsection (3); and

(b) determine whether that person has the ability to do the job in terms of any one of, or any combination of those factors.

(5) In making a determination under subsection (4), an employer may not unfairly discriminate against a person solely on the grounds of that person's lack of relevant experience.

(6) An employment equity plan may contain any other measures that are consistent with the purposes of this Act.

(7) The Director-General may apply to the Labour Court to impose a fine in accordance with Schedule 1, if a designated employer fails to prepare or implement an employment equity plan in terms of this section.

[Commencement of s 20: 1 December 1999; s 20(7) ins by s 10(b) of Act 47 of 2013.]

* The first report will refer to the initial development of and consultation around an employment equity plan. The subsequent reports will detail the progress made in implementing the employment equity plan.

(1) A designated employer must submit a report to the Director-General once every year, on the first working day of October or on such other date as may be prescribed.

[S 21(1) subs by s 11(a) of Act 47 of 2013.]

(2) ...

[S 21(2) rep by s 11(b) of Act 47 of 2013.]

(3) Despite subsection (1), an employer that becomes a designated employer on or after the first working day of April but before the first working day of October, must only submit its first report on the first working day of October in the following year or on such other date contemplated in subsection (1).

[S 21(3) subs by s 11(c) of Act 47 of 2013.]

(4) The report referred to in subsection (1) must contain the prescribed information and must be signed by the chief executive officer of the designated employer.

[S 21(4) subs by s 11(c) of Act 47 of 2013.]

(4A) An employer that is not able to submit a report to the Director-General by the first working day of October in terms of subsection (1) must notify the Director-General in writing before the last working day of August in the same year giving reasons for its inability to do so.

[S 21(4A) ins by s 11(d) of Act 47 of 2013.]

(4B) The Director-General may apply to the Labour Court to impose a fine in accordance with Schedule 1, if an employer-

(a) fails to submit a report in terms of this section;

(b) fails to notify and give reasons to the Director-General in terms of subsection (4A); or

(c) has notified the Director-General in terms of subsection (4A) but the reasons are false or invalid.

[S 21(4B) ins by s 11(d) of Act 47 of 2013.]

(5) ...

[S 21(5) rep by s 11(e) of Act 47 of 2013.]

(6) Every report prepared in terms of this section is a public document.

[Commencement of s 21: 1 December 1999.]

[ Editor Note: Act 47 of 2013, s 29 says-
" 29. Transitional provision

An employer who is a designated employer in terms of the principal Act immediately before section 11 of this Act takes effect (which is 1 August 2014), must report for the duration of the designated employer's current employment equity plan as if section 21 of the principal Act has not been amended by this Act."]

(1) Every designated employer that is a public company must publish a summary of a report required by section 21 in that employer's annual financial report.

(2) When a designated employer within any organ of state has produced a report in terms of section 21, the Minister responsible for that employer must table that report in Parliament.

[Commencement of s 21: 1 December 1999.]

Successive employment equity plans

Before the end of the term of its current employment equity plan, a designated employer must prepare a subsequent employment equity plan.

[Commencement of s 23: 1 December 1999.]

Designated employer must assign manager

(1) Every designated employer must-

(a) assign one or more senior managers to take responsibility for monitoring and implementing an employment equity plan;

(b) provide the managers with the authority and means to perform their functions; and

(c) take reasonable steps to ensure that the managers perform their functions.

(2) The assignment of responsibility to a manager in terms of subsection (1) does not relieve the designated employer of any duty imposed by this Act or any other law.

[Commencement of s 24: 1 December 1999.]

(1) An employer must display at the workplace where it can be read by employees a notice in the prescribed form, informing them about the provisions of this Act*.
* Regulations may, under section 55, be made containing a standard notice, in all official languages, summarising the provisions of this Act, which all employers should display in every workplace.

(2) A designated employer must, in each of its workplaces, place in prominent places that are accessible to all employees-

(a) the most recent report submitted by that employer to the Director-General;

(b) any compliance order, arbitration award or order of the Labour Court concerning the provisions of this Act in relation to that employer; and

(c) any other document concerning this Act as may be prescribed.

(3) An employer who has an employment equity plan, must make a copy of the plan available to its employees for copying and consultation.

[Commencement of s 25: 1 December 1999.]

An employer must establish and, for the prescribed period, maintain records in respect of its workforce, its employment equity plan and any other records relevant to its compliance with this Act.

[Commencement of s 26: 1 December 1999.]

Income differentials and discrimination

[Section heading subs by s 12(a) of Act 47 of 2013.]

(1) Every designated employer, when reporting in terms of section 21(1), must submit a statement, as prescribed, to the Employment Conditions Commission established by section 59 of the Basic Conditions of Employment Act, on the remuneration and benefits received in each occupational level of that employer's workforce.

[S 27(1) subs by s 12(b) of Act 47 of 2013.]

(2) Where disproportionate income differentials, or unfair discrimination by virtue of a difference in terms and conditions of employment contemplated in section 6(4), are reflected in the statement contemplated in subsection (1), a designated employer must take measures to progressively reduce such differentials subject to such guidance as may be given by the Minister as contemplated in subsection (4).

[S 27(2) subs by s 12(b) of Act 47 of 2013.]

(3) The measures referred to in subsection (2) may include-

(a) collective bargaining;

(b) compliance with sectoral determinations made by the Minister in terms of section 51 of the Basic Conditions of Employment Act;

(c) applying the norms and benchmarks set by the Employment Conditions Commission;

(d) relevant measures contained in skills development legislation;

(e) other measures that are appropriate in the circumstances.

(4) The Employment Conditions Commission must research and investigate norms and benchmarks for proportionate income differentials and advise the Minister on appropriate measures for reducing disproportional differentials.

(5) The Employment Conditions Commission may not disclose any information pertaining to individual employees or employers.

(6) Parties to a collective bargaining process may request the information contained in the statement contemplated in subsection (1) for collective bargaining purposes subject to section 16(4) and (5) of the Labour Relations Act.

[Commencement of s 27: 1 December 1999.]

Establishment of Commission for Employment Equity

The Commission for Employment Equity is hereby established.

[Commencement of s 27: 14 May 1999.]

Composition of Commission for Employment Equity

(1) The Commission consists of a chairperson and eight other members appointed by the Minister to hold office on a part-time basis.

(2) The members of the Commission must include-

(a) two people nominated by those voting members of NEDLAC who represent organised labour;

(b) two people nominated by those voting members of NEDLAC who represent organised business;

(c) two people nominated by those voting members of NEDLAC who represent the State; and

(d) two people nominated by those voting members of NEDLAC who represent the organisations of community and development interests in the Development Chamber in NEDLAC.

(3) A party that nominates persons in terms of subsection (2) must have due regard to promoting the representivity of people from designated groups.

(4) The Chairperson and each other member of the Commission-

(a) must have experience and expertise relevant to the functions contemplated in section 30;

(b) must act impartially when performing any function of the Commission;

(c) may not engage in any activity that may undermine the integrity of the Commission; and

(d) must not participate in forming or communicating any advice on any matter in respect of which they have a direct financial interest or any other conflict of interest.

(5) The Minister must appoint a member of the Commission to act as chairperson whenever the office of chairperson is vacant.

(6) The members of the Commission must choose from among themselves a person to act in the capacity of chairperson during the temporary absence of the chairperson.

(7) The Minister may determine-

(a) the term of office for the chairperson and for each member of the Commission, but no member's term of office may exceed five years;

(b) the remuneration and allowances to be paid to members of the Commission with the concurrence of the Minister of Finance; and

(c) any other conditions of appointment not provided for in this section.

(8) The chairperson and members of the Commission may resign by giving at least one month's written notice to the Minister.

(9) The Minister may remove the chairperson or a member of the Commission from office for-

(a) serious misconduct;

(b) permanent incapacity;

(c) that person's absence from three consecutive meetings of the Commission without the prior permission of the chairperson, except on good cause shown; or

(d) engaging in any activity that may undermine the integrity of the Commission.

[Commencement of s 29: 14 May 1999.]

Functions of Commission for Employment Equity

(1) The Commission advises the Minister on-

(a) codes of good practice issued by the Minister in terms of section 54;

(b) regulations made by the Minister in terms of section 55; and

(c) policy and any other matter concerning this Act.

(2) In addition to the functions in subsection (1) the Commission may-

(a) make awards recognising achievements of employers in furthering the purpose of this Act;

(b) research and report to the Minister on any matter relating to the application of this Act, including appropriate and well-researched norms and benchmarks for the setting of numerical goals in various sectors; and

(c) perform any other prescribed function.

[Commencement of s 30: 14 May 1999.]

Subject to the laws governing the public service, the Minister must provide the Commission with the staff necessary for the performance of its functions.

[Commencement of s 31: 14 May 1999.]

In performing its functions, the Commission may-

(a) call for written representations from members of the public; and

(b) hold public hearings at which it may permit members of the public to make oral representations.

[Commencement of s 32: 14 May 1999.]

Report by Commission for Employment Equity

The Commission must submit an annual report to the Minister.

[commencement of s 32: 14 May 1999.]

Monitoring by employees and trade union representatives

Any employee or trade union representative may bring an alleged contravention of this Act to the attention of-

Enforcement
(a) another employee;

(b) an employer;

(c) a trade union;

(d) a workplace forum;

(e) a labour inspector;

(f) the Director-General; or

(g) the Commission.

[Commencement of s 34: 9 August 1999.]

A labour inspector acting in terms of this Act has the authority to enter, question and inspect as provided for in sections 65 and 66 of the Basic Conditions of Employment Act.

[Commencement of s 35: 1 December 1999.]

(1) A labour inspector may request and obtain a written undertaking from a designated employer to comply with paragraph (a), (b), (f), (h), (i) or (j) within a specified period, if the inspector has reasonable grounds to believe that the employer has failed to-

(a) consult with employees as required by section 16;

(b) conduct an analysis as required by section 19;

(c) ...

(d) ...

(e) ...

(f) publish its report as required by section 22;

(g) ...

(h) assign responsibility to one or more senior managers as required by section 24;

(i) inform its employees as required by section 25; or

(j) keep records as required by section 26.

(2) If a designated employer does not comply with a written undertaking within the period stated in the written undertaking, the Labour Court may, on application by the Director-General, make the undertaking, or any part of the undertaking, an order of the Labour Court.

[Commencement of s 36: 1 December 1999; s 36 subs by s 13 of Act 47 of 2013.]

(1) A labour inspector may issue a compliance order to a designated employer if that employer has failed to comply with section 16, 17, 19, 22, 24, 25 or 26 of this Act.

[S 37(1) subs by s 14(a) of Act 47 of 2013.]

(2) A compliance order issued in terms of subsection (1) must set out-

(a) the name of the employer, and the workplaces to which the order applies;

(b) those provisions of Chapter III of this Act which the employer has not complied with and details of the conduct constituting non-compliance;

(c) any written undertaking given by the employer in terms of section 36 and any failure by the employer to comply with the written undertaking;

(d) any steps that the employer must take and the period within which those steps must be taken;

(e) the maximum fine, if any, that may be imposed on the employer in terms of Schedule 1 for failing to comply with the order; and

(f) any other prescribed information.

(3) A copy of the compliance order must be served on the employer named in it.

[S 37(3) subs by s 14(b) of Act 47 of 2013.]

(4) A designated employer who receives a compliance order served in terms of subsection (3) must display a copy of that order prominently at a place accessible to the affected employees at each workplace named in it.

(5) A designated employer must comply with the compliance order within the time period stated in it.

[S 37(5) subs by s 14(c) of Act 47 of 2013.]

(6) If a designated employer does not comply with an order within the period stated in it, the Director-General may apply to the Labour Court to make the compliance order an order of the Labour Court.

[Commencement of s 37: 1 December 1999; s 37(6) subs by s 14(c) of Act 47 of 2013.]

A labour inspector may not issue a compliance order in respect of a failure to comply with a provision of Chapter III of this Act if-

(a) the employer is being reviewed by the Director-General in terms of section 43; or

(b) the Director-General has referred an employer's failure to comply with a recommendation to the Labour Court in terms of section 45.

[Commencement of s 38: 1 December 1999.]

[S 39 rep by s 15 of Act 47 of 2013.]

[S 40 rep by s 15 of Act 47 of 2013.]

(1) The Minister must keep a register of designated employers that have submitted the reports required by section 21.

(2) The register referred to in subsection (1) is a public document.

[Commencement of s 40: 1 December 1999.]

(1) In determining whether a designated employer is implementing employment equity in compliance with this Act, the Director-General or any person or body applying this Act may, in addition to the factors stated in section 15, take the following into account-

(a) The extent to which suitably qualified people from and amongst the different designated groups are equitably represented within each occupational level in that employer's workforce in relation to the demographic profile of the national and regional economically active population;

(b) reasonable steps taken by a designated employer to train suitably qualified people from the designated groups;

(c) reasonable steps taken by a designated employer to implement its employment equity plan;

(d) the extent to which the designated employer has made progress in eliminating employment barriers that adversely affect people from designated groups;

(dA) reasonable steps taken by an employer to appoint and promote suitably qualified people from the designated groups; and

(e) any other prescribed factor.

(2) The Minister, after consultation with NEDLAC, may issue a regulation in terms of section 55 which must be taken into account by any person who is required to determine whether a designated employer is implementing employment equity in compliance with this Act.

(3) Without limiting subsection (1)(a), the regulation made in terms of subsection (2) may specify the circumstances under which an employer's compliance should be determined with reference to the demographic profile of either the national economically active population or the regional economically active population.

(4) In any assessment of its compliance with this Act or in any court proceedings, a designated employer may raise any reasonable ground to justify its failure to comply.

[Commencement of s 42: 1 December 1999; s 42 subs by s 16 of Act 47 of 2013.]

(1) The Director-General may conduct a review to determine whether an employer is complying with this Act.

(2) In order to conduct the review the Director-General may-

(a) request an employer to submit to the Director-General a copy of its current analysis or employment equity plan;

(b) request an employer to submit to the Director-General any book, record, correspondence, document or information that could reasonably be relevant to the review of the employer's compliance with this Act;

(c) request a meeting with an employer to discuss its employment equity plan, the implementation of its plan and any matters related to its compliance with this Act; or

(d) request a meeting with any-

(i) employee or trade union consulted in terms of section 16;

(ii) workplace forum; or

(iii) other person who may have information relevant to the review.

[Commencement of s 43: 1 December 1999.]

Outcome of Director-General's review

Subsequent to a review in terms of section 43, the Director-General may-

(a) approve a designated employer's employment equity plan; or

(b) make a recommendation to an employer, in writing, stating-

(i) steps which the employer must take in connection with its employment equity plan or the implementation of that plan, or in relation to its compliance with any other provision of this Act; and

(ii) the period within which those steps must be taken; and

(iii) any other prescribed information.

[Commencement of s 44: 1 December 1999.]

Failure to comply with Director-General's request or recommendation

(1) If an employer fails to comply with a request made by the Director-General in terms of section 43(2) or a recommendation made by the Director-General in terms of section 44(b), the Director-General may apply to the Labour Court-

(a) for an order directing the employer to comply with the request or recommendation; or

(b) if the employer fails to justify the failure to comply with the request or recommendation, to impose a fine in accordance with Schedule 1 on the employer.

(2) If an employer notifies the Director-General in writing within the period specified in a request or recommendation that it does not accept the request or recommendation, the Director-General must institute proceedings in terms of subsection (1) within-

(a) 90 days of receiving the employer's notification, in the case of a request; or

(b) 180 days of receiving the employer's notification, in the case of a recommendation.

(3) If the Director-General does not institute proceedings within the relevant period contemplated in subsection (2), the request or recommendation, as the case may be, lapses.

(4) Any challenge to the validity of the Director-General's request or recommendation may only be made in the proceedings contemplated in subsection (1).

[Commencement of s 44: 1 December 1999; s 45 subs by s 17 of Act 47 of 2013.]

(1) If a dispute has been referred to the CCMA by a party in terms of Chapter II and the issue to which the dispute relates also forms the subject of a referral to the Labour Court by the Director-General in terms of section 45, the CCMA proceedings must be stayed until the Labour Court makes a decision on the referral by the Director-General.

(2) If a dispute has been referred to the CCMA by a party in terms of Chapter II against an employer being reviewed by the Director-General in terms of section 43, there may not be conciliation or adjudication in respect of the dispute until the review has been completed and the employer has been informed of the outcome.

[Commencement of s 46: 1 December 1999.]

Disputes concerning contraventions of this Act by the same employer may be consolidated.

[Commencement of s 47: 9 August 1999.]

Powers of commissioner in arbitration proceedings

(1) A commissioner of the CCMA may, in any arbitration proceedings in terms of this Act, make any appropriate arbitration award that gives effect to a provision of this Act.

[S 48 numbered as s 48(1) by s 18 of Act 47 of 2013.]

(2) An award made by a commissioner of the CCMA hearing a matter in terms of section 10(6)(aA) or (b) may include any order referred to in section 50(2)(a) to (c), read with the changes required by the context, but an award of damages referred to in section 50(2)(b) may not exceed the amount stated in the determination made by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

[Commencement of s 48: 9 August 1999; s 48(2) ins by s 18 of Act 47 of 2013.]

The Labour Court has exclusive jurisdiction to determine any dispute about the interpretation or application of this Act, except where this Act provides otherwise.

[Commencement of s 49: 9 August 1999.]

(1) Except where this Act provides otherwise, the Labour Court may make any appropriate order including-

(a) on application by the Director-General in terms of section 37(6) or 39(6) making a compliance order an order of the Labour Court;

(b) subject to the provisions of this Act, condoning the late filing of any document with, or the late referral of any dispute to, the Labour Court;

(c) directing the CCMA to conduct an investigation to assist the Court and to submit a report to the Court;

(d) awarding compensation in any circumstances contemplated in this Act;

(e) awarding damages in any circumstances contemplated in this Act;

(f) ordering compliance with any provision of this Act, including a request made by the Director-General in terms of section 43(2) or a recommendation made by the Director-General in terms of section 44(b);

(g) imposing a fine in accordance with Schedule 1 for a contravention of certain provisions of this Act;

(h) reviewing an administrative action in terms of this Act on any grounds that are permissible in law;

[S 50(1)(h) subs by s 19(a) of Act 47 of 2013.]

(i) in an appeal under section 40, confirming, varying or setting aside all or part of an order made by the Director-General in terms of section 39; and

(j) dealing with any matter necessary or incidental to performing its functions in terms of this Act.

(2) If the Labour Court decides that an employee has been unfairly discriminated against, the Court may make any appropriate order that is just and equitable in the circumstances, including-

(a) payment of compensation by the employer to that employee;

(b) payment of damages by the employer to that employee;

(c) an order directing the employer to take steps to prevent the same unfair discrimination or a similar practice occurring in the future in respect of other employees;

(d) an order directing an employer, other than a designated employer, to comply with Chapter III as if it were a designated employer;

(e) an order directing the removal of the employer's name from the register referred to in section 41; and

(f) the publication of the Court's order.

(3) The Labour Court, in making any order, may take into account any delay on the part of the party who seeks relief in processing a dispute in terms of this Act.

(4) If the Labour Court declares that the medical testing of an employee as contemplated in section 7 is justifiable, the court may make any order that it considers appropriate in the circumstances, including imposing conditions relating to-

(a) the provision of counselling;

(b) the maintenance of confidentiality;

(c) the period during which the authorisation for any testing applies; and

(d) the category or categories of jobs or employees in respect of which the authorisation for testing applies.

(5) A fine payable in terms of this Act must be paid into the National Revenue Fund referred to in section 213 of the Constitution.

[Commencement of s 50: 9 August 1999; s 50(5) ins by s 19(b) of Act 47 of 2013.]

(1) No person may discriminate against an employee who exercises any right conferred by this Act.

(2) Without limiting the general protection conferred by subsection (1), no person may threaten to do, or do any of the following-

(a) Prevent an employee from exercising any right conferred by this Act or from participating in any proceedings in terms of this Act; or

(b) prejudice an employee because of past, present or anticipated-

(i) disclosure of information that the employee is lawfully entitled or required to give to another person;

(ii) exercise of any right conferred by this Act; or

(iii) participation in any proceedings in terms of this Act.

(3) No person may favour, or promise to favour, an employee in exchange for that employee not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act.

(4) Nothing in this section precludes the parties to a dispute arising out of an alleged breach of any right conferred by this Part, from concluding an agreement to settle the dispute.

(5) For the purposes of this section "employee" includes a former employee or an applicant for employment.

[Commencement of s 51: 9 August 1999.]

(1) If there is a dispute about the interpretation or application of this Part, any party to the dispute may refer it in writing to the CCMA.

(2) The CCMA must attempt to resolve a dispute referred to it in terms of this Part through conciliation.

(3) If the dispute remains unresolved after conciliation-

(a) any party to the dispute may refer it to the Labour Court for adjudication; or

(b) all the parties to the dispute may consent to arbitration of the dispute by the CCMA.

(4) In respect of a dispute in terms of this Part, the relevant provisions of Part C and D of Chapter VII of the Labour Relations Act apply, read with the changes required by the context.

[Commencement of s 52: 9 August 1999.]

(1) Every employer that makes an offer to conclude an agreement with any organ of state for the furnishing of supplies or services to that organ of state or for the hiring or letting of anything-

(a) must-

(i) if it is a designated employer, comply with Chapters II and III of this Act; or

(ii) if it is not a designated employer, comply with Chapter II of this Act; and

(b) attach to that offer either-

(i) a certificate in terms of subsection (2) which is conclusive evidence that the employer complies with the relevant Chapters of this Act; or

(ii) a declaration by the employer that it complies with the relevant Chapters of this Act, which, when verified by the Director-General, is conclusive evidence of compliance.

(2) An employer referred to in subsection (1) may request a certificate from the Minister confirming its compliance with Chapter II, or Chapters II and III, as the case may be.

(3) A certificate issued in terms of subsection (2) is valid for 12 months from the date of issue or until the next date on which the employer is obliged to submit a report in terms of section 21, whichever period is the longer.

(4) A failure to comply with the relevant provisions of this Act is sufficient ground for rejection of any offer to conclude an agreement referred to in subsection (1) or for cancellation of the agreement*.
* Regulations under section 13 of the State Tender Board Act, No. 86 of 1986, may provide that supplies and services shall not be procured for and on behalf of the State, unless an employer has attached to its offer a certificate in terms of section 53(1)(b)(i) or a declaration in terms of section 53(1)(b)(ii) of the Employment Equity Act.

(5) The Minister may in the code of good practice set out factors that must be taken into account by any person assessing whether an employer complies with Chapter II or Chapter III.

[Commencement of s 53: not in force; s 53(5) ins by s 20 of Act 47 of 2013.]

(1) The Minister may, on the advice of the Commission-

(a) issue any code of good practice*; and
* This is an enabling Act. The codes of good practice are intended to provide employers with information that may assist them in implementing this Act, particularly Chapter III. Issues that are likely to be the subject of codes include the following-

- the preparation of employment equity plans;

- advertising, recruitment procedures and selection criteria;

- special measures to be taken in relation to persons with disabilities including benefit schemes;

- special measures to be taken in relation to persons with family responsibilities;

- sexual harassment and racial harassment;

- internal procedures to resolve disputes about the interpretation or application of this Act; and sector-specific issues;

- guidelines for employees on the prioritisation of certain designated groups.

(b) change or replace any code of good practice.

(2) Any code of good practice, or any change to, or replacement of, a code of good practice must be published in the Gazette.

[Commencement of s 54: 9 August 1999.]

(1) The Minister may, by notice in the Gazette and on the advice of the Commission, make any regulation regarding-

(a) any matter that this Act requires or permits to be prescribed; and

(b) any administrative or procedural matters that may be necessary or expedient to achieve the proper and effective administration of this Act.

(2) The Minister may by notice in the Gazette make a regulation providing for separate and simplified forms and procedures in respect of the obligations created by sections 19, 20, 21, 25 and 26 for employers that employ fewer than 150 employees.

[Commencement of s 55: 9 August 1999; s 55(2) subs by s 21 of Act 47 of 2013.]

(1) The Minister may delegate any power conferred, or assign any duty imposed, upon the Minister in terms of this Act, except the powers and duties contemplated in sections 29(1), (5) and (7), 54, 55, 59(4) and 61(4).

[S 56(1) subs by s 22 of Act 47 of 2013.]

(2) A delegation or assignment must be in writing and may be subject to any conditions or restrictions determined by the Minister.

(3) The Minister may at any time-

(a) withdraw a delegation or assignment made in terms of subsection (1); and

(b) withdraw or amend any decision made by a person exercising a power or performing a duty delegated or assigned in terms of subsection (1).

(4) The Director-General may delegate any power conferred, or assign any duty imposed, upon the Director-General in terms of this Act, to any employee in the Department.

(5) Subsections (2) and (3) apply with the changes required by the context to any delegation or assignment by the Director-General under subsection (4).

[Commencement of s 56: 9 August 1999.]

(1) For purposes of Chapter III of this Act, a person whose services have been procured for, or provided to, a client by a temporary employment service is deemed to be the employee of that client, where that person's employment with the client is of indefinite duration or for a period of three months or longer.

(2) Where a temporary employment service, on the express or implied instructions of a client, commits an act of unfair discrimination, both the temporary employment service and the client are jointly and severally liable.

[Commencement of s 57: 9 August 1999.]

The President must, within six months after the commencement of this Act, and after consultation with the Minister responsible for the Public Service and Administration, publish a notice in the Gazette listing every designated employer within any organ of state.

[Commencement of s 58: 1 December 1999.]

(1) Any person who discloses any confidential information acquired in the performance of a function in terms of this Act, commits an offence.

(2) Subsection (1) does not apply if the information-

(a) is disclosed to enable a person to perform a function in terms of this Act; or

(b) must be disclosed in terms of this Act, any other law or an order of court.

(3) A person convicted of an offence in terms of this section may be sentenced to a fine not exceeding R30 000,00.

[S 59(3) subs by s 23 of Act 47 of 2013.]

(4) The Minister may, by notice in the Gazette, amend the maximum amount of the fine referred to in subsection (3) in order to counter the effect of inflation.

[Commencement of s 59: 9 August 1999; s 59(4) subs by s 23 of Act 47 of 2013.]

(1) If it is alleged that an employee, while at work, contravened a provision of this Act, or engaged in any conduct that, if engaged in by that employee's employer, would constitute a contravention of a provision of this Act, the alleged conduct must immediately be brought to the attention of the employer.

(2) The employer must consult all relevant parties and must take the necessary steps to eliminate the alleged conduct and comply with the provisions of this Act.

(3) If the employer fails to take the necessary steps referred to in subsection 2, and it is proved that the employee has contravened the relevant provision, the employer must be deemed also to have contravened that provision.

(4) Despite subsection (3), an employer is not liable for the conduct of an employee if that employer is able to prove that it did all that was reasonably practicable to ensure that the employee would not act in contravention of this Act.

[Commencement of s 60: 9 August 1999.]

Obstruction, undue influence and fraud

(1) No person may-

(a) obstruct or attempt to improperly influence any person who is exercising a power or performing a function in terms of this Act; or

(b) knowingly give false information in any document or information provided to the Director-General or a labour inspector in terms of this Act.

(2) No employer may knowingly take any measure to avoid becoming a designated employer.

(3) A person who contravenes a provision of this section commits an offence and may be sentenced to a fine not exceeding R30 000,00.

[S 61(3) subs by s 24 of Act 47 of 2013.]

(4) The Minister may, by notice in the Gazette, amend the maximum amount of the fine referred to in subsection (3) in order to counter the effect of inflation.

[Commencement of s 61: 9 August 1999; s 61(4) subs by s 24 of Act 47 of 2013.]
64A. Amendment of annual turnover thresholds in Schedule 4

This Act binds the State.

[Commencement of s 62: 9 August 1999.]

Application of Act when in conflict with other laws

If any conflict relating to a matter dealt with in this Act arises between this Act and the provisions of any other law other than the Constitution or an Act of Parliament expressly amending this Act, the provisions of this Act prevail.

[Commencement of s 63: 9 August 1999.]

Repeal of laws and transitional arrangements

Each of the laws referred to in the first two columns of Schedule 2 is repealed to the extent specified opposite that law in the third column of that Schedule.

[Commencement of 64: 9 August 1999.]

The Minister may, after consultation with the Commission, by notice in the Gazette, amend the total annual turnover thresholds in Schedule 4 in order to counter the effect of inflation.

[S 64A ins by s 26 of Act 47 of 2013.]

(1) This Act is called the Employment Equity Act, 1998.

(2) This Act takes effect on a date to be determined by the President by proclamation in the Gazette. The President may determine different dates in respect of different provisions of this Act.

(3) If, in terms of subsection (2), different dates are determined for particular provisions of this Act-

(a) Schedule 2 must take effect at the same time as section 6(1) takes effect; and

(b) a reference in a provision of this Act to a time when this Act took effect must be construed as a reference to the time when that provision takes effect.

[Commencement of s 65: 1 December 1999.]

This Schedule sets out the maximum fine that may be imposed in terms of this Act for the contravention of certain provisions of this Act.

Contravention of any Provision of sections 16 (read with 17), 19, 22, 24, 25, 26 and 43(2)

Contravention of any Provision of sections 20, 21, 23 and 44(b)

[Commencement of Sch 1: 1 December 1999; Sch 1 subs by s 27 of Act 47 of 2013.]

Schedule 2
LAWS REPEALED

[Commencement of Sch 2: 9 August 1999.]

In this Schedule, unless the context indicates otherwise-

"pending" means existing immediately before this Act came into operation; and

"repealed provisions of the Labour Relations Act" means the provisions of the Labour Relations Act repealed by Schedule 2.

Disputes arising before commencement of this Act

Any dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act that arose before the commencement of this Act, must be dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.

(1) In any pending dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act in respect of which the Labour Court or the Labour Appeal Court had jurisdiction and in respect of which proceedings had not been instituted before the commencement of this Act, proceedings must be instituted in the Labour Court or Labour Appeal Court (as the case may be) and dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.

(2) Any dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act in respect of which proceedings were pending in the Labour Court or Labour Appeal Court must be proceeded with as if the repealed provisions of the Labour Relations Act had not been repealed.

(3) Any pending appeal before the Labour Appeal Court must be dealt with by the Labour Appeal Court as if the repealed provisions of the Labour Relations Act had not been repealed.

(4) When acting in terms of subitems (1) to (3), the Labour Court or Labour Appeal Court may perform or exercise any function or power that it had in terms of the repealed provisions of the Labour Relations Act.

[Commencement of Sch 3: 9 August 1999.]

Schedule 4
TURNOVER THRESHOLD APPLICABLE TO DESIGNATED EMPLOYERS

Sector or subsectors in accordance with the Standard Industrial Classification

[Commencement of Sch 4: 1 December 1999; Sch 4 subs by s 28 of Act 47 of 2013.]

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You are here: SAFLII >> Databases >> South Africa: Consolidated Acts >> Employment Equity Act 1998 PDF format RTF format Last checked: 30 October 2019 EMPLOYMENT EQUITY ACT [Updated to 1 August 2014] Act 55 of 1998 (Notice 1323, G. 19370),Proc. R55, G. 20057,Proc. R83, G. 20339,Proc. R115, G.

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https://www.bbc.com/news/uk-northern-ireland-58175166
Harvey Spence is a former employee of B & M with a learning disability. I chose this article because he sued  his former employer for discrimination and won but also refused to claim liability. These are the many instances where companies settle lawsuits in order to remove the bad limelight but have no intentions of acknowledging their wrong doing and making up for the emotional and mental  distress they cause the disabled victim.
Employers have a responsibility to make sure that they put their employees first.

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Former B&M worker settles disability discrimination case

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Harvey Spence, who has a learning disability, says he "dreaded going to work" because of his experience.

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https://www.nature.com/articles/s43587-020-00023-1
This article touches on Ageism and it also affects the economy. I chose it because ageism is not widely discussed.
"During the 2007–2009 Great Recession, age discrimination complaints related to hiring and firing increased by 3.4% and 1.4%, respectively, in concert with each percentage point increase in monthly unemployment rates." Suh (2021) reports. This is still going on because of COVID-19 and it has been hardest on those who can not afford it.

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As COVID-19 spreads throughout the United States and the rest of the world, the resulting disruptions to the economy mean that it is highly likely the incidence of age discrimination will increase. This may include employers laying off older staff members or not considering older candidates when rehiring. This short-term thinking ignores long-term consequences that will affect people of all ages.

Age discrimination takes an enormous toll on individual workers and their families, but it also has a substantial impact on the economy. According to the AARP's recent report ' The Economic Impact of Age Discrimination ', bias against older workers cost the US economy an estimated US$850 billion in gross domestic product (GDP), 8.6 million jobs and US$545 billion in lost wages and salaries in 2018 alone.

Meanwhile, previous experience points to an impending surge in age discrimination issues stemming from the current economic downturn. During the 2007-2009 Great Recession, age discrimination complaints related to hiring and firing increased by 3.4% and 1.4%, respectively, in concert with each percentage point increase in monthly unemployment rates. Unfortunately, the contraction the economy is undergoing as a result of the COVID-19 pandemic is even worse than that of the Great Recession.

Many older people believe that their age is a disadvantage when looking for a job. Evidence suggests that older job applicants get fewer callbacks than their younger counterparts with comparable resumes, contributing to extended periods of unemployment for many 50-plus jobseekers. This is especially true for women and minoritized racial groups, as incidents of age discrimination in the workplace often intersect with gender and racial discrimination. The reality is that those most likely to be affected by age discrimination are those least able to afford it. Lower-income workers may have fewer options to switch jobs, and historically disadvantaged racial and ethnic groups are more likely than others to feel trapped in their present role.

For months now, we have been seeing the impact of the pandemic on employment, with record-breaking numbers of unemployment claims filed in April and May of 2020 in the US. It is highly likely that age discrimination will persist after the pandemic if employers do not take steps to address it. To counteract these trends, federal and state anti-age discrimination laws must be vigorously enforced. Beyond that, we need to make changes in the way workplaces operate - changes that will help in the near term but will signal a permanent shift as well. Companies should implement robust practices that promote age-diverse work environments, and their workers of all ages should be provided the apprenticeship opportunities they need to thrive in the workplace as they age.

Access to job-protected paid sick leave or paid family leave will help older workers stay employed during the current health and economic crisis. Some states have temporarily broadened access to paid sick leave in response to the virus, and several major companies have taken action to provide their employees with paid sick leave to allow those who feel ill to stay home. Paid family leave is also important if a family member tests positive for COVID-19, potentially creating a need for quarantine and family caregiving.

Employers should consider how to make workplaces truly embrace age diversity and inclusion. They would be wise to do so, even from a business perspective. There are strong economic benefits for businesses to make such changes, including that an age-diverse workforce gives companies more insight into age-diverse marketplaces. AARP's initiative, ' Living, Learning and Earning Longer ', a collaboration with the Organization for Economic Co-operation and Development (OECD) and the World Economic Forum (WEF), advances the business case for age diversity and highlights promising practices from around the world. Efforts to cultivate multigenerational workforces, which span technology training and sharing career experiences and skills, have clear value for employers and employees alike.

If we are to benefit from the value that older workers bring to the workforce, businesses will need to make a serious commitment to concepts like the multigenerational workforce. Global executives are beginning to recognize that multigenerational workforces are key to business growth and success. However, more than half of global companies still do not include age in their company's diversity and inclusion policy. Clearly more needs to be done to align systems to better respond to the demographics at large. Efforts to do so are necessary to create inclusive workplaces that take active steps to enable employees to realize their full and unique potential.

Company-sponsored programs that promote age diversity and inclusion in tangible ways would have encouraged 60% of those aged 50-plus who retired because of age discrimination to remain in the workforce longer. There is a compelling case for increasing age inclusion in the workforce beyond meeting legal mandates such as the Age Discrimination in Employment Act of 1967. People are living longer and either want or need to continue working. Providing these people with access to incomes ultimately creates a population with the resources to continue consuming and generating impact on the economy. But perceptions that prevent the hiring and advancement of older workers need to shift in order for these benefits to be captured.

This is an astoundingly difficult time for employees and employers alike. As we fight against COVID-19, we must not lose sight of older workers. With the skills and knowledge they've acquired over a lifetime, they can make enormous contributions to the work of pushing national and global economies toward recovery.

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Age discrimination in the workplace hurts us all - Nature Aging

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As COVID-19 spreads throughout the United States and the rest of the world, the resulting disruptions to the economy mean that it is highly likely the incidence of age discrimination will increase. This may include employers laying off older staff members or not considering older candidates when rehiring.

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According to the Constitution of Ghana, here are some of the legislations about Equality:

Part VI of the Labour Act ensures the protection of working women and Part V protects workers with disabilities. Section 68 specifies that every worker shall receive equal pay for equal work without distinction of any kind. Section 46 offers special incentives for the employment of persons with disabilities, and section 53 places special emphasis on training and retraining to enable the worker to cope with any aspect of the job.

The Labour Act introduces the offense of sexual harassment. Section 175 defines it as  “any unwelcome, offensive or inopportune sexual advances or request made by an employer or superior officer or a co-worker to a worker, whether the worker is a man or a woman”.

Labor market information shows signs of gender discrimination.

Work contract

The contract shall express in clear terms the rights and duties of the parties.

Salia TIMITE

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Equality legislation in The United Republic of Tanzania

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Equality legislation in The United Republic of Tanzania

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The constitution of the United Republic of Tanzania recognizes that all human beings are born free and equal under the basic rights of Human beings and duties act no 15. of 1984, art 6.

Under the rights to works, the constitution states:-
"1. Every person has the right to work
2. Every citizen is entitled to equal opportunity and the right to equal terms to hold any office or discharge any function under the state authority.
3. Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and qualification for the work.
4. Every person is entitled to own property and has a right to the protection of his property held in accordance with the law. "

Reference
Rsf.org. 2021. [online] Available at: <https://rsf.org/sites/default/files/constitution.pdf> [Accessed 3 October 2021].

By:-
Mary Mzungu Mwanga

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EQUAL PAY

In accordance with the Constitution of Kenya, all human beings are born equal and are equal before the law. The Constitution recognizes the right to fair remuneration.

The Employment Act, 2007  requires every employer to ensure that men and women workers are paid equally for work of equal value. It is also a liable offence to discriminate in remuneration matters.

Source: § 27 & 41 of the Constitution of Kenya 2010; §5(5 & 6) of the Employment Act 2007

NON-DISCRIMINATION

The Constitution of Kenya prohibits discrimination either directly or indirectly against any person on the basis of race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Employment Act, with specific reference to employment, states that a person's access to any institution, employment or facility, or the enjoyment of any right may not be denied because of person's belief or religion. The Act further prohibits employers from discrimination against a current or a prospective worker on the basis of race, colour, sex, language, religion, political or another opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status. Discrimination in the process of recruitment, training, promotion, terms and conditions of employment, termination of employment and other matters related to employment is not allowed.

Anti-union discrimination and discrimination against a person with disabilities is also prohibited under the Labour Relations Act and Persons with Disabilities Act 2003 respectively. In accordance with the Persons with Disabilities Act, no person can deny a person with a disability access to opportunities for suitable employment. A qualified employee with a disability is subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as qualified able-bodied employees. An employee with a disability is entitled to exemption from tax on all income accruing from his employment.

The  National Council for Persons with Disabilities endeavours to ensure the implementation of a five per cent quota for persons with disabilities in all casual, emergency and contractual positions in employment in the public and private sectors.

Source: §27 & 32(3) of the Constitution of Kenya 2010; §5(3) of the Employment Act 2007; §5 of the Labour Relations Act 2007; §12-13 of the Persons with Disabilities Act 2003

EQUAL CHOICE OF PROFESSION

Women are not allowed to work in the same industries as men (especially mining sector).

Source: §91 of the Employment Act  2007

REGULATIONS ON FAIR TREATMENT

Employment Act, 2007

-Elizabeth Majimbo

WageIndicator subsite collection. (2020). Fair Treatment. [online] Available at: https://africapay.org/kenya/labour-laws/fair-treatment-at-work [Accessed 3 Oct. 2021].

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Gender Inequality  Public workplace (Burundi)

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Gender Inequality  Public workplace (Burundi)

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According to the dictionary, inequality is unfair or not equal state.  Inequality is real in Burundi. Burundi is a country that still believes in a culture where they value a woman as a housekeeper and a caring woman to her men.

The Burundi case study of gender equality and women’s empowerment in public Administration done by the United Nations Development Programme showed how women are represented at a low rate in administration.  The analysis of gender participation in public administration cleared that a 2010 report by civil society presents a breakdown of 42% Women Ministers,  3.3 % Women Heads of Department (Chef de Cabinet), 11.5 Women Director Generals and 11.6 Women Directors.  That is a good analysis that shows inequality in the workplace. They think that what men can do, women can not do it.

Institutional explanation of inequality according to Carbery & Cross,( 2013):   Institutional barriers to employment result from dominant structures, systems and rules that can act to limit access and opportunity for certain people in the workplace. That definition reminds me of Chimamanda Ngozi where she talks about a single story of how it robs people of dignity and makes our recognition of our equal humanity difficult.

(Vumilia Hicakibuko)

G E N D E R E Q UA L I T Y A N D W O M E N’S E M P O W E R M E N T I N P U B L I C A D M I N I S T R AT I O N United Nations Development Programme BURUNDI CASE STUDY. (n.d.). [online] Available at: https://www.undp.org/sites/g/files/zskgke326/files/publications/BurundiFinal%20-%20HiRes.pdf [Accessed 1 Oct. 2021].

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Equality Legislation in the Democratic Republic of Congo(DRC). Rebecca Baseme

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Equality Legislation in the Democratic Republic of Congo(DRC). Rebecca Baseme

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Some of the legislation about equality in the workplace in DRC are the following:

Article 12
All Congolese are equal before the law and have the right to equal protection of the laws.

Article 13
No Congolese person may, in matters of education or of access to public functions or any other matter, be subject to a discriminatory measure, that results from the law or from an act of the executive, for the reason of his religion, of his family origin, of his social condition, of his residence, of his opinion or political convictions, or his belonging to a certain race, to ethnicity, to a tribe, [or] to a cultural or linguistic minority.

Article 13
The public powers see to the elimination of any form of discrimination concerning women and assure the protection and the promotion of their rights.  They take, in all the domains, notably in the civil, political, economic, social and cultural domains, all the measures appropriate to assure the total realization and full participation of women in the development of the Nation. They take measures to struggle against all forms of violence made against women in public and in private life. Women have the right to an equitable representation within the national, provincial and local institutions. The State guarantees the implementation of man-woman parity in these said institutions. The law establishes the modalities of application of these rights.

Article 16
The human person is sacred. The State has the obligation to respect it and to protect it. All persons have the right to life, to physical integrity as well as to the free development of their personality, under respect for the law, of public order, of the rights of others and of public morality.
No one may be subjected to forced or compulsory labor.

REFERENCES
UN WOMEN, 2021. Congo (Democratic Republic of the)'s Constitution of 2005 with Amendments through 2011.Global Gender Equality Constitution Database. [online]. [viewed 1 October 2021]. Available from: https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011.pdf?lang=en

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Equality Legislation in the Democratic Republic of Congo. (David Amani Shamavu)

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Equality Legislation in the Democratic Republic of Congo. (David Amani Shamavu)

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According to the Constitution of the Democratic Republic of Congo, here are some of the legislations about Equality and Non Discrimination:

All people are born free and equal in dignity and rights. However, with the exception of the exceptions established by the law, only Congolese have the right to exercise their political rights. (Art. 11)

All Congolese are equal before the law and have the right to equal protection of the laws. (Art. 12)

The public authorities ensure the abolition of all forms of discrimination against women, as well as the protection and promotion of their rights.
...(Art. 14)

All Congolese have the obligation to respect and treat their fellow citizens without discrimination and to maintain relationships with them that allow for the preservation, promotion, and strengthening of national unity, as well as reciprocal respect and tolerance.
… (Art. 66)

REFERENCE

UN WOMEN, n.d. Constitution of the Democratic Republic of the Congo 2006, as amended to 2011. Global Gender Equality Constitution Database. [online]. [viewed 1 October 2021]. Available from: https://constitutions.unwomen.org/en/countries/africa/democratic-republic-of-the-congo?provisioncategory=b21e8a4f9df246429cf4e8746437e5ac