Definition of discrimination

• Any distinction, exclusion or preference

based on race, colour, sex, religion, political
opinion, national extraction and social
origin which has the effect of nullifying or
impairing equality of opportunity or
treatment in employment or occupation
 What is discrimination?

• Three elements:
– Factual element: any distinction, exclusion or preference
– Prohibited grounds: race, colour, sex, religion, political opinion,
national extraction, social origin and any other ground identified
at the national level
– Negative effect on equality of opportunity and treatment
(whether or not intended)

• Any discrimination whether it is

– In law or in practice
– Direct or indirect
 Prohibited grounds of discrimination:

Sex
• Refers to those distinctions which use the
biological characteristics and functions that
differentiate men from women
• It also includes those distinctions based on
social differences between men and women that
are learned, changeable over time and have
wide variations within and between cultures
• It covers marital status, family responsibilities.
 Sex/gender discrimination: Examples
• Male preference in hiring
• Mandatory pregnancy testing or questions regarding
planned pregnancies during recruitment
• Women are forced to retire upon marriage or pregnancy
or requiring women not to get pregnant or marry
• Excluding women from dangerous job without any
justification related to pregnancy or maternity
• Working time arrangements that are not related to the
requirements of the work that make it impossible for
women to carry out the job
• Gender-biased allocation of benefits and allowances
 Occupational segregation by gender

• Horizontal and vertical segregation

• Various causes
• Usually reflects a lack of equal opportunities
• May involve direct or indirect discrimination
• Gender segregated labour markets or workplaces
are a breeding ground for discrimination against
women
 Other grounds

Other grounds added in national legislations

include:
– Age
– Disability
– State of health
– Family responsibilities
– Sexual orientation
– Nationality
– Trade union affiliation or lack thereof
 Causes of the pay gap

• Productivity related differences

• Job availability

• Job selection

• Pay structure

• Perceived labour costs

• Lack of awareness
 Permissible pay differences
• Based on objective differences in the work
performed

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

– Seniority
– Education
– Qualifications
– Experience
– Productivity
 Common forms of discrimination

• Jobs or occupations with a female denomination

• Under-evaluation of certain jobs or occupations
• Invisibility of the qualities, tasks, skills & efforts
• Vertical & horizontal occupational segregation