Employee Rights

&
Equal Employment Opportunity (EEO)
 Learning objectives
Equity Theory
What is Equity?
What is Equality?
What is Equal Employment Opportunity (EEO)?
Discrimination in workplace
HR’s Role
Bangladesh Constitution…related articles..
National and International Treaties, Policies
Issues of EEO
What is Equity?
 Equity
is
synony
m JUS
TI CE
to:
OBJECTIVEN PA RT I A L IT Y
ESS IM

ES S FAIRNESS
STN
JU

Other Terms
 “Pay equity influences those
behaviours which determine
organizational effectiveness and
their behaviour towards
absenteeism, productivity, and the
quality of work”
(Lawler, 1981)
“Equality principle of reward
allocation serves to emphasizes the
common elements and similarities
based on the same qualifications”
(Deutsch, 1975)
“Role of fairness that is concerned
with the ways in which employees
determine if they have been treated
fairly in their jobs and which will
influence work-related variables
(Moorman, 1991)

“Organizations that ignore The equitable compensation and

equitability concerns run the risk of
endangering negative
organizational outcomes of
decisions, non-compliance with
procedures and lower satisfaction”
(Lind & Tyler, 1988)
awards that should be received
accordingly based on KSAs,
experience, contribution. All these
will give a positive behaviour to
motivate the employees to perform
better without doubting the system.

Definitions of Equity of Compensation

 Avoid
Ability to Employees
inefficiencies
recruit and will not be To maintain
and costs
retain the taken for company’s
that detract
best and the granted by marketability
from
brightest the employer
companies

Importance of Equity of Compensation

(Burns, 2012)
 Equity theory
J. Stacy Adams

People form equity beliefs based on two factors:

Inputs: Refer to the perceptions that people have
concerning what they contribute to the job (e.g.,
skill and effort).
Outputs: Refer to the perceptions that people
have regarding the returns they get (e.g., pay) for
the work they perform.
Types of Equity of Compensation
 Types of Equity
Internal Equity: Fairness of the pay structure,
relationship among jobs within a single organization.
External Equity: Comparisons of similar jobs in
different organizations.
Individual Equity: Comparisons among individuals in
the same job within the same organization.
Equity Theory
Equity Theory (cont’d)
Equal Employment Opportunity (EEO)

Equal Employment Opportunity is

the policy of providing uniform,
standardised access to
employment, training and
promotion to all individuals
regardless of age, colour, sex,
disability, religion or ethnic
background.
 Equal Employment Opportunity
The condition in which all individuals have an equal
chance for employment regardless of their race,
colour, religion, sex, disability, or national origin.
This “condition” is created through:
Constitutional amendments
Legislation
Executive orders
Discrimination in workplace
Example:
Giving men high rates of pay even thought woman
do the same amount of work in the job, or making
sexiest remarks to women in work places.
Preferring a plain land Bangladeshi over a tribal
because of prejudices.
Deciding not to interviewing a person with a
Christian sounding name.
 Equality / Inequality
 Equality is having equal opportunities
and rights. It is being treated fairly. It
also means being able and supported
to reach your potential.
 Inequality is when people aren’t given
equal opportunities and rights. They
are treated unfairly and experience
discrimination.
Negative consequences of inequality
When we experience discrimination
& are not treated equally it can lead
to many negative consequences, for
example:
o Unhappiness
o Under achievement
o Low self-confidence
o Poor relationships
o Exclusion
Equal Opportunities
Equal Pay…
Sex Discrimination…
Employment Equality (sex, religion, belief…)
Race Relations…
Disability Discrimination…
 Issues of EEO
Providing equal protection for all
citizens & requires due process in
State action.
Prohibiting discrimination based on
race, colour, religion, or sex.
Age Discrimination.
Men & women should receive the
same pay & conditions for doing
‘broadly similar’, but not
necessarily identical work.
Enforced by courts.
 Issues
o appointment o performance evaluation
o awards o harassment
o promotion o sexual harassment
o demotion o pay/overtime
o suspension o reassignment
o termination o time and attendance
o duty hours o training
o working conditions o retirement
o accommodation
 EEO Program Services
Complaints Processing
Alternative Dispute Resolution
Workforce Training
Trend Analyses/Reports
Diversity Management
Special Emphasis Programs
Reasonable Accommodation
Interpreting Services
Compliance Review/Staff Assistance Visits
HR’s Role
A main function of the HR department is
to ensure the organisation is fully aware of
any relevant legislation.
All policies & procedures should be in line
with current legislation.
Legislation is continually being updated
which makes this an on-going task for
every organisation.
 Statistical Profile of Women
Women constitute ½ of the world’s
population, 2/3 of the world’s labour
force but get 1/10th of the world’s
income & 1% of the world’s wealth.
Government interventions to secure minimal
standards for:
 Just pay: through national minimum wage.
Working time: maximum of 48 hours
working week.
 The right to employee participation: the
entitlement of workers to participate in the
running of their organization ( statutory trade
union recognition).
 Equal opportunities for all employees.
 Policy commitments on EEO issues
 The Constitution of Bangladesh
 National Policy for the Advancement of Women, 2011
 National Action Plan (NAP) for women’s
Advancement
 National Strategy for Accelerated Poverty Reduction
(NSAPR)
Convention on Elimination of all forms of
Discrimination Against Women (CEDAW)
 Beijing Platform for Action (BPFA)
 Sustainable Development Goals (SDGs)
 Commonwealth Plan of Action (PoA)
Bangladesh Constitution
Bangladesh Constitution
Article 10: Steps shall be taken
to ensure participation of
women in all spheres of
national life.
 Article 19: The state shall
endeavour to ensure equality
of opportunity to all citizens.
Bangladesh Constitution
PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
Work as a right and duty:
Article 20. (1) Work is a right, a duty and a matter of honour
for every citizen who is capable of working, and everyone
shall be paid for his work on the basis of the principle “from
each according to his abilities, to each according to his work”.
(2) The State shall endeavour to create conditions in which, as
a general principle, persons shall not be able to enjoy
unearned incomes, and in which human labour in every form,
intellectual and physical, shall become a fuller expression of
creative endeavour and of the human personality.
Article 27: All citizens are equal before the law and are
entitled to get equal protection of law.
 Bangladesh Constitution
Article 28(1) That the state shall not
discriminate against any citizen on grounds only
of religion, race, caste, sex or place of birth.
Article 28(2) Women shall have equal rights
with men in all spheres of the state and of
public life.
Article 28(4) Nothing in this article shall prevent
the state from making special provision in
favour of women and children or for the
advancement of any backward section of
citizens.
 Bangladesh Constitution
Article 29: Equality of opportunity in public
employment
29. (1) There shall be equality of opportunity
for all citizens in respect of employment or
office in the service of the Republic.
(2) No citizen shall, on grounds only of religion,
race, caste, sex or place of birth, be ineligible
for, or discriminated against in respect of, any
employment or office in the service of the
Republic.
 Bangladesh Constitution
Article 29: Equality of opportunity in public
employment…
29. (3) Nothing in this article shall prevent the State from
(a) making special provision in favour of any backward
section of citizens for the purpose of securing their adequate
representation in the service of the Republic;
(b) giving effect to any law which makes provision for
reserving appointments relating to any religious or
denominational institution to persons of that religion or
denomination;
(c) reserving for members of one sex any class of
employment or office on the ground that it is considered by
its nature to be unsuited to members of the opposite sex.
National Policy for the Advancement of Women, 2011
Enhancing the legal framework & enforcement mechanisms
Enforcement of equal pay for equal work (as
mandated in the Constitution).
Galvanize the legal system to respond to complaints
about infraction (violation) of laws relating to equal
opportunity so as to create a demonstration effect
that discrimination will not be tolerated.
Create a better legal framework for the service
sector in general and the low-end service sector in
particular.
National Policy for the Advancement of Women, 2011
Outline…
Three Main Chapters…
Chapter one…major issues
Introduction
Development plans & women
Women in Bangladesh in the context of the world situation
Women & law
Women as human capital
Poverty
Coordination & support between public & private programs
……
……
Key Rules & Regulations Relating to Women’s Right

 The Guardians and Wards Act 1890

 The Disability Welfare Act 2001
 Bangladesh Service Rules (BSR Part I & II)
The Maternity Leave Order 2011
(Bangladesh Service Rules (Part-1)rule 197, sub-
rule (1))
National Policy for the Advancement of
Women, 2011
The Government Servants (Conduct) Rules, 1979
Rule 27A. Conduct towards female colleagues- No
Government servant shall use any language or behave with his
female colleagues in any manner which is improper and goes
against the official decorum and dignity of female colleagues.
 Judiciary
The High Court’s Guidelines on Prevention
of Sexual Harassment laid down on
14.5.2009.
Directed the Government to enact
legislation to address the issue immediately.
 International Declaration
Numerous international & regional instruments have
drawn attention to gender-related dimensions
The most important being the UN Convention on the
Elimination of All Forms of Discrimination against
Women (CEDAW), adopted in 1979.
Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
The International Bill of Rights for Women
Defines the right of women to be free from discrimination
and sets the core principles to protect this right.
Establishes an agenda for national action to end
discrimination, and provides the basis for achieving equality
between men and women through ensuring women's equal
access to, and equal opportunities in, political and public life
as well as education, health and employment.
 Issues of EEO
What is a disability?
A physical or
mental impairment
that substantially
limits one or more
major life activities.
 Issues of EEO
What responsibilities do employers have?
Provide reasonable accommodation to
enable the disabled individual to perform
the job.
Examples of Reasonable Accommodation
 Creating a Positive Work Environment

If your attitudes and decisions are shaped by facts

based on performance and behavior, you will create a
work environment free of discrimination where
people are treated with respect based on what they do
- not on what they were born into.
You will have created the kind of place where
everyone would like to work.