SlideShare a Scribd company logo
1 of 86
Download to read offline
REPORT OF THE DIRECTOR-GENERAL




Equality at work:
The continuing challenge
Global Report under the follow-up to the ILO Declaration
on Fundamental Principles and Rights at Work




INTERNATIONAL LABOUR CONFERENCE
100th Session 2011

Report I(B)




INTERNATIONAL LABOUR OFFICE              GENEVA
This Report may also be consulted on the ILO website (www.ilo.org/declaration).




ISBN 978-92-2-123091-5 (print)
ISBN 978-92-2-123092-2 (web PDF)
ISSN 0074-6681



First published 2011




The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of mater ial
therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status
of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers.
The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication
does not constitute an endorsement by the International Labour Office of the opinions expressed in them.
Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office,
and any failure to mention a particular firm, commercial product or process is not a sign of disapproval.
ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications,
International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from
the above address, or by email: pubvente@ilo.org. Visit our web site: www.ilo.org/publns.



Photocomposed in Switzerland                                                                                                              WEI
Printed in Switzerland                                                                                                                    SRO
Contents




Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                               ix


List of abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                         xvii


Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                            1


Part I. An evolving picture: Capturing the trends . . . . . . . . . . . . . . . . . . . . . . . . .                                             .     5
    The impact of the global economic crisis on non-discrimination in employment and occupation                                                 .     5
        Impact on migrant workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                           .     5
        The crisis and women workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                            .     6
        Poverty and discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                          .     7
        Responding to the crisis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                        .     9
        Stimulus packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                         .     9
        Preventing harmful effects of fiscal consolidation . . . . . . . . . . . . . . . . . . . . . . .                                        .    10
    Institutional capacity to deal with non-discrimination . . . . . . . . . . . . . . . . . . . . . .                                          .    11
        Monitoring the impact of policies and measures . . . . . . . . . . . . . . . . . . . . . . .                                            .    12
        Measuring discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                          .    13
    Recent legal developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                         .    14
        Ratification of core Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                          .    14
        Legislative trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                        .    14
        Remaining challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                          .    15
    Discrimination based on multiple grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                            .    16
        Addressing multiple discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                          .    17


Part II. From principles to practice . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    19
    Discrimination based on sex . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    19
         Promoting gender equality through gender mainstreaming         .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    19
         Affirmative action . . . . . . . . . . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    20
         Persistence in gender pay gaps . . . . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    21
         Means to narrow the gender pay gap . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    22
         Maternity and paternity status . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    24
         Balancing work and family responsibilities . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    25
         Girls’ access to education . . . . . . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    26
         Legislation on marital status . . . . . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .    26

                                                                                                                                                      v
EqUALITy AT WORk: THE CONTINUING CHALLENGE




         Complaints of sexual harassment . . . . . . . . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   27
     Discrimination based on race and ethnicity . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   27
         Alarming trends worldwide . . . . . . . . . . . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   27
         Little progress for people of African descent . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   28
         Indigenous peoples: The case of Latin America . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   31
         Policies and measures targeting indigenous peoples . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   32
         Europe and the Roma people . . . . . . . . . . . . . . . . . . . . .        .   .   .   .   .   .   .   .   .   .   .   .   .   33
     Discrimination based on nationality and the case of migrant workers . .         .   .   .   .   .   .   .   .   .   .   .   .   .   34
         Manifestations of discrimination in employment . . . . . . . . . . .        .   .   .   .   .   .   .   .   .   .   .   .   .   35
         Working conditions . . . . . . . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   35
         Measures aimed at limiting migration and expelling migrant workers          .   .   .   .   .   .   .   .   .   .   .   .   .   36
         Integration versus assimilation . . . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   37
         Xenophobia and violence . . . . . . . . . . . . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   37
         Limited awareness of rights . . . . . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   39
         Legal developments and proactive measures . . . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   39
         Diversity policies . . . . . . . . . . . . . . . . . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   39
     Discrimination based on religion . . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   40
         Increasing visibility of religious discrimination . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   40
         Manifestation of religion in the workplace . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   40
         Freedom not to disclose one’s religion . . . . . . . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   41
         Managing a religiously diverse workplace . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   41
     Discrimination based on political opinion . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   42
         Legislative measures . . . . . . . . . . . . . . . . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   42
     Discrimination based on social origin . . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   43
         Caste-based discrimination . . . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   43
         Legislative and policy developments . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   44
     Discrimination based on HIV status . . . . . . . . . . . . . . . . . . .        .   .   .   .   .   .   .   .   .   .   .   .   .   44
         Marginalization of persons living with HIV and AIDS . . . . . . . .         .   .   .   .   .   .   .   .   .   .   .   .   .   45
     HIV testing and screening . . . . . . . . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   45
         Recent legal developments and remaining gaps . . . . . . . . . . . .        .   .   .   .   .   .   .   .   .   .   .   .   .   46
         Role of the social partners . . . . . . . . . . . . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   46
     Discrimination based on disability . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   46
         Pervasive inequalities in employment . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   46
         Limited access to education and vocational training . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   47
         Failure to provide reasonable accommodation . . . . . . . . . . . .         .   .   .   .   .   .   .   .   .   .   .   .   .   47
         Recent efforts to provide adequate legal protection . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   48
         Enhancing the employability of persons with disabilities . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   48
     Discrimination based on age . . . . . . . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   49
         An increase in age-related complaints . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   49
         Measures to achieve equality for older workers . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   49
         The situation of younger workers . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   50
     Discrimination based on sexual orientation . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   51
         Progress on anti-discrimination measures . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   51
         Trade unions taking action . . . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   51
     Discrimination based on genetics . . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   52
         Legislative developments . . . . . . . . . . . . . . . . . . . . . . .      .   .   .   .   .   .   .   .   .   .   .   .   .   52
     Discrimination based on lifestyle . . . . . . . . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   53
         Discrimination based on body weight . . . . . . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   53
         Discrimination based on smoking . . . . . . . . . . . . . . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   54




vi
CONTENTS




Part III. The ILO’s response . . . . . . . . . . . . . .     .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   57
    Decent work for all . . . . . . . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   57
    Promoting action on non-discrimination . . . . . .       .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   58
         Better design and enforcement of legislation . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   59
         Gender equality . . . . . . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   59
         Equal remuneration for men and women . . . .        .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   62
         Reconciling work and family responsibilities . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   63
         Equality with respect to race and ethnicity . . .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   63
         Protecting migrant workers . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   64
         Equal opportunities for persons with disabilities   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   65
         Age discrimination . . . . . . . . . . . . . . .    .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   65


Part IV. Towards an action plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                        . . . . . . .               67
    Promoting the relevant ILO instruments . . . . . . . . . . . . . . . . . . . . . . .                                         . . . . . . .               67
    Developing and sharing knowledge on the elimination of discrimination
       in employment and occupation . . . . . . . . . . . . . . . . . . . . . . . . . . .                                        . . . . . . .               68
    Developing the institutional capacity of ILO constituents to effectively implement
       non-discrimination at work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                      . . . . . . .               69
    Strengthening international partnerships with major international actors on equality                                         . . . . . . .               69




                                                                                                                                                             vii
Executive summary




T   he global economic and financial crisis, which
    has predictably turned into a major employment
crisis, forms the background to the third Global
                                                         discrimination. Attitudes are influenced, and it be-
                                                         comes more difficult to strengthen policies and legis-
                                                         lation against discrimination. Discrimination occurs
Report on discrimination. The aim of the Report is       as a result of actions by employers, national legis-
to provide a dynamic picture of trends over the last     lation and practice, social and cultural factors, and
four years and present some findings, conclusions        different perceptions of the causes of economic and
and recommendations for future action by the ILO         social troubles. And yet, the link between non-dis-
and its constituents.                                    crimination and social stability is particularly im-
     This Report contains both good and bad news         portant at a time of economic adversity.
about recent worldwide trends regarding discrimin-            Different economies and sectors of the economy
ation in employment and occupation. On the posi-         have been affected in different ways. Workers in
tive side, there is more legislation, there are more     more stable employment relationships are naturally
institutional initiatives, and, in general, a growing    less affected by the crisis than those in temporary or
awareness of the need to overcome discrimination         precarious employment. The risk is especially acute
at work. However, capacity does not keep pace with       for the low-skilled, older and migrant workers, as
the political will, and a prolonged economic down-       well as those workers – including university gradu-
turn exposes structural weaknesses and even aggra-       ates – who are looking for their first job.
vates structural discrimination. Furthermore, the             The employment of women has been seriously
agenda of discrimination at work is continuously di-     affected in several countries by the impact of the
versifying, and new challenges arise where old ones      crisis on export sectors. Earlier downturns have re-
remain at best only partially answered.                  vealed a similar impact on the employment and
                                                         income of women as many have been pushed into in-
                                                         formal employment. Despite this, in many developed
Weathering the effects of the global crisis              market economy countries the crisis has not had a
                                                         disproportionate impact on women’s employment
This Report shows that discrimination continues to       that could be attributed to discrimination. It is also
be persistent and multifaceted. A major area of con-     too early to draw conclusions from available data on
cern is access to jobs. The proportion of workers who    the wage gap, and the trends so far discerned appear
are vulnerable to poverty is on the increase again,      to be contradictory. What is clear is that institutional
reversing the positive trends noted over the last few    solutions, such as equal remuneration mechanisms,
years. Discrimination has also become more varied,       are helpful at least for those in employment whose
and discrimination on multiple grounds is becoming       jobs are not immediately threatened.
the rule rather than the exception. Such trends have          Measures that have been adopted in order to
been witnessed by equality bodies, which have re-        mitigate the effects of the crisis, in particular aus-
ceived an increased number of complaints of work-        terity packages, have on occasion indirectly and
place discrimination.                                    inadvertently increased discrimination against cer-
    In times of crisis, inequality, insecurity and the   tain groups of workers. Growth and unemployment
danger of exclusion are fed by direct or indirect        concerns are naturally important, and concerns

                                                                                                              ix
EqUALITy AT WORk: THE CONTINUING CHALLENGE




about discrimination can easily take second place           new policies for continual training for older workers
to short-term economic and employment policies or           and quotas for women in managerial positions. Such
budgetary decisions which affect both public and            policies have been implemented at the enterprise and
private institutions dealing with discrimination.           national levels.
    In many developing countries, transfer pro-                  R at i f ic at ion s of t he t wo f u nd a ment a l
grammes that are targeted at the poor provide               Conventions in this area – the Equal Remuneration
income support on condition that children attend            Convention, 1951 (No. 100), and the Discrimination
school and that they and their parents visit health         (Employment and Occupation) Convention, 1958
centres. These measures may, however, have only a           (No. 111) – stand at 168 and 169 respectively, out of
limited impact on poverty reduction if they do not          a total of 183 ILO member States. That makes them
also address factors of economic vulnerability such as      the fifth and fourth most ratified ILO Conventions.
ethnic, racial and gender discrimination.                   When ratification levels are over 90 per cent, the
    The fundamental right of non-discrimination in          target of universal ratification is attainable.
employment and occupation for all women and men                  New ombudsman offices dealing specifically
needs to be at the core of policies for recovery and        with discrimination on several grounds have been
of action to reduce poverty in order to achieve more        established in six European countries. Enforcement
sustainable growth and fairer societies. The right          mechanisms include effective labour inspectorates,
response includes legislation, institution building,        specialist courts or ombudsman authorities, ade-
awareness raising, voluntary action by the social part-     quate protection against victimization, the avail-
ners, and a change in attitudes through education.          ability of effective remedies, and a fair allocation
                                                            of the burden of proof. They also call for adequate
                                                            awareness of rights on the part of workers who may
The good news: Trends in anti-discrimination                suffer discrimination – which means all workers – as
legislation and policies                                    well as readily accessible complaints procedures. In
                                                            many countries, equality bodies have significantly
In spite of the crisis and the prevailing policy envir-     contributed to a better implementation of laws and
onment, there have continued to be positive advances        policies against discrimination at work; in others,
in anti-discrimination legislation and policies. These      they have faced serious constraints in fulfilling their
concern both the amount and the content of new              mandate.
legislation. Thus, in the middle of a hardening global
climate, laws on equality and non-discrimination at
work cover an increasingly broad set of grounds for         The bad news: Capacity constraints
discrimination and stipulate more comprehensive
protection.                                                 Having laws and institutions to prevent discrimin-
     For instance, rapid advances have been made            ation at work and offer remedies is not enough;
with legislation to prohibit discrimination on the          keeping them functioning effectively is a challenge,
basis of disability and age. Race and sex continue to       especially in troubled times. Many of the institutions
be the two grounds of discrimination which are spe-         are faced with a shortage of human and financial
cifically included in almost all legislation for equality   resources, inadequate policy coherence at the na-
and against discrimination at work. However, less           tional and local levels, and insufficient synergy and
progress has been made in obtaining explicit mention        cooperation with other relevant institutions. Labour
of other grounds for discrimination, such as national       inspectors, judges, public officials and other compe-
extraction, social origin and political opinion.            tent authorities encounter a lack of knowledge and
     In Europe, anti-discrimination legislation has         inadequate institutional capacity when they attempt
been consolidated, and definitions of discrimination        to identify and address discrimination cases. This
and the allocation of the burden of proof have been         prevents victims of discrimination from submitting
brought into line with European Union directives.           their claims successfully.
Around the world, new laws have been introduced or              During economic downturns, there is a tendency
existing legislation amended to eliminate discrimin-        to give lower priority to policies that are targeted
ation based on age, maternity and marital status, dis-      against discrimination and promote awareness of
abilities, lifestyle and genetic predisposition. Existing   workers’ rights. Austerity measures and cutbacks in
legislation has been complemented by family-friendly        the budgets of labour administrations and inspection
policies relating, for example, to parental leave, ma-      services, and in funds available to specialized bodies
ternity protection and breastfeeding, as well as other      dealing with non-discrimination and equality, can

x
EXECUTIVE SUMMARy




seriously compromise the ability of existing institu-           Flexible and negotiated arrangements on working
tions to prevent the economic crisis from generating       schedules, job sharing and teleworking are gradu-
more discrimination and more inequalities.                 ally being introduced as an element of more family-
     The value of available data is often limited be-      friendly policies, which can reduce the structural
cause of differences in definitions of discrimination      disadvantages experienced by workers with family
at work in different countries. Data are typically         responsibilities.
collected through ad hoc research or situation tests,
but seldom in a systematic way. In particular, inter-
national comparisons are at best scant and sketchy.        Maternity and paternity protection
     The lack of reliable data makes it difficult to
monitor and assess the impact of measures that have        Discrimination related to pregnancy and maternity
been taken. If statistics are meagre or unreliable, the    is still common. The access of women to certain jobs
extent of discriminatory practices will remain largely     can be restricted on the basis of their reproductive
unknown. Among the serious capacity constraints            role. Several equality bodies worldwide have even wit-
is an inadequate commitment by governments to              nessed increased discrimination against women on
put into place human, technical and financial re-          grounds of maternity. Specific cases concern dismissals
sources to improve data collection at the national         for pregnancy and nursing, failure to grant time for
level. Taking this important but complex first step        nursing, withholding of pre- and postnatal benefits,
will significantly contribute to the identification of     denial of promotion, and refusal to allow workers to
problems and the measures needed to tackle them.           return to posts occupied before maternity leave.
                                                                At the same time, new legal provisions are being
                                                           introduced to protect women against dismissal and
Gender equality                                            discrimination due to pregnancy, marital status,
                                                           family responsibilities or maternity leave. Many
Significant progress has been made in recent decades       countries provide women with paid leave if they have
in advancing gender equality in the world of work.         a miscarriage or stillbirth or suffer from some other
National policies and legislative frameworks have im-      abnormal condition. There are increasing provisions
proved, but major challenges remain. Women con-            for paternity leave. However, groups such as part-
tinue to suffer discrimination in terms of the jobs        time workers or those in export processing zones may
available to them, their remuneration, benefits and        not be able to benefit from such improvements.
working conditions, and access to decision-making
positions. Recent data show that 829 million women
live in poverty worldwide, while the equivalent figure     Sexual harassment
for men is 522 million.
     Women’s wages are on average 70–90 per cent           Sexual harassment occurs on every continent and in
of men’s. The gender pay gap still exists despite ad-      different types and categories of occupations. Surveys
vances in education, and women continue to be              show that it is a significant problem in workplaces.
over-represented in low-income jobs. A significant         Women who are most vulnerable to sexual harass-
proportion of this pay gap is explained by occupa-         ment are young, financially dependent, single or
tional and sectoral segregation.                           divorced, and migrants. Men who experience harass-
                                                           ment tend to be young, gay and members of ethnic
                                                           or racial minorities. Experiences in many countries
Reconciling work and family responsibilities               have shown that effective action against sexual har-
                                                           assment in the workplace requires a combination of
The availability of affordable childcare facilities out-   legal frameworks, stronger enforcement, adequately
side the family is a precondition for many women           funded institutions and greater awareness.
and men to engage fully in working life and earn
their living. A lack of such services places workers
with family responsibilities at a disadvantage and         Race and ethnicity
reduces the range of jobs accessible to them. The
lack of adequate paid leave can also render sectors        In line with previous Global Reports on discrimin-
of the labour market inaccessible or unattractive for      ation at work, it is important to emphasize that the
workers with family responsibilities. These are eve-       need to combat racism is as relevant today as it ever
ryday examples of structural discrimination.               was. Although some progress has been made, there

                                                                                                               xi
EqUALITy AT WORk: THE CONTINUING CHALLENGE




are still many areas where achievements are lacking        create a job-rich recovery; and an active role for em-
or insufficient. What is called for is a mix of legal,     ployers’ and workers’ organizations in leading debate
policy and other instruments, including guaranteed         and action in the right direction and ensuring that
access to effective remedies for all victims. Barriers     racism and violence remain unacceptable.
impeding equal access to the labour market need to
be dismantled. This concerns, in particular, people
of African and Asian descent, indigenous peoples           Religion
and ethnic minorities, and above all women within
these groups. Labelling certain groups in a stereo-        Over the last four years, there appears to have been a
typical way can have a significant damaging effect.        rise in the number of women and men experiencing
                                                           discrimination on religious grounds. This trend is
                                                           reflected in the number of cases of religious dis-
Migrant workers                                            crimination referred to equality commissions. Where
                                                           systemic religious discrimination exists, it usually
In many countries migrant workers make up 8 to             concerns all aspects of life and is not limited to em-
20 per cent of the labour force, and in certain regions    ployment and occupation. Nevertheless, over the
the figure is significantly higher. Research shows         last four years, religious discrimination in employ-
consistently that they face widespread pervasive dis-      ment appears to have increased and is combined with
crimination in access to employment, and many en-          anxieties over labour migration in a context of eco-
counter discrimination when employed. Migrant              nomic and social insecurity.
workers have also been particularly affected by the
economic crisis, with reduced employment or migra-
tion opportunities and increased xenophobia, a de-         Political opinion
terioration in working conditions and even violence.
Unfair working conditions are faced by migrants in         The right to hold and express political opinions
both developed and developing countries.                   is inextricably linked to freedom of expression.
     Some countries exclude migrant workers from           Discrimination on the basis of political opinion tends
social insurance programmes. Others only allow access      to take place in the public sector, where loyalty to the
for migrants to short-term programmes, such as health      policies of the authorities in power can be a factor in
care, but deny them long-term portable benefits such       access to employment. In some countries legislation
as old-age pensions. Countries may allow access to         requires that job applicants satisfy certain political
long-term benefits but not permit portability between      prerequisites in order to have access to public service
countries, which in turn discourages return migration.     jobs. However, individual complaints relating to ter-
     In some cases, discriminatory tendencies have re-     mination of employment can be difficult to prove.
cently been aggravated by hostile political discourse,          Some political parties are closely linked with
and there is a risk that this may lead to exclusion, re-   an ethnic, linguistic or religious identity. In such
jection and expulsion of migrant workers. Social ten-      cases any discrimination based on political opinion
sions and hardening attitudes towards migrants – as        may coincide with discrimination on other grounds.
with any social group – can result in systematic and       Discrimination on grounds of political opinion may
widespread discrimination. Populist policies can           also be combined with anti-union discrimination.
foster greater xenophobia and discrimination di-           This typically involves trade union members being ac-
rected towards migrants.                                   cused of engaging in unacceptable political activities.
     There is a need for prompt and comprehensive
responses to emerging trends in discourse and policies
which can harm existing and future efforts to ensure       Social origin
equality of treatment and employment opportunities
for all. With increased economic insecurity for the        Discrimination on the basis of social origin persists
entire population, minorities and foreign or foreign-      where rigid social stratification prevails. One example
born workers run the risk of becoming scapegoats.          of this is caste-based discrimination in South Asia.
     The remedies needed include strengthening anti-       Even in open societies, where social mobility is more
discriminatory measures that have been identified by       common, there are large differences in educational
the United Nations conferences; attention to political     attainment. Such differences undermine equality of
rhetoric to avoid stigmatization and xenophobic acts;      opportunity in employment and advancement for
macro- and microeconomic policies to maintain and          various social categories.

xii
EXECUTIVE SUMMARy




Persons with disabilities                                 Age discrimination

Work-related discrimination against persons with          Countries are increasingly making efforts to enact
disabilities ranges from limited access to education,     legislation against discrimination on the basis of age.
vocational training and rehabilitation, to marked dif-    Awareness of age discrimination appears to have in-
ferences in wages between workers with disabilities       creased. According to a survey carried out by the
and the rest of the workforce as well as exclusion        European Commission in November 2009, 58 per
from certain jobs. About 10 per cent of the world’s       cent of Europeans considered that age discrimin-
population, or some 650 million people, suffer from       ation was widespread in their country, compared
physical, sensory, intellectual or mental impairments     with 42 per cent the year before. A total of 64 per
of one form or another, and over 470 million of these     cent of those surveyed expected that the economic
are of working age. Available statistics show that        crisis would lead to more age discrimination in the
their employment rate is low compared with non-           labour market.
disabled persons.                                              Legislation as well as policies at the national and
     The United Nations estimates that 80 per cent        enterprise levels can play a major role in overcoming
of persons with disabilities in developing coun-          stereotypes concerning older workers. A number of
tries live in poverty, many of them in rural areas.       countries have carried out large-scale government-
According to the World Bank, 20 per cent of the           sponsored information campaigns to overcome the
world’s poor suffer from some form of disability. An      reluctance to retain and hire older workers.
important advancement in terms of disability legis-            As for young people, their difficulties in the
lation was the entry into force in 2008 of the United     labour market cannot all be attributed to discrimin-
Nations Convention on the Rights of Persons with          ation, although they do face hurdles to employment.
Disabilities.                                             As recent developments have shown, this can be par-
                                                          ticularly explosive in situations where young people
                                                          are unable to find suitable employment after com-
HIV/AIDS                                                  pleting their education or training. While this is
                                                          more of a general economic and employment policy
Since the majority of people living with HIV are em-      question, it is important to avoid any unintended dis-
ployed, the workplace remains a key arena for the         criminatory measures when promoting jobs for the
fight against the pandemic and its effects. Preventing    growing number of young people who try to enter
stigmatization and discrimination in employment is        the labour market, whether they are coming from
also a way of alleviating poverty and respecting the      the “high end” of education systems or trying to
human rights of all individuals.                          enter the labour market without qualifications.
     Discrimination against persons with HIV can
take place through mandatory testing of workers,
or testing under conditions which are not genuinely       Sexual orientation
voluntary or do not guarantee the confidentiality of
test results. A study commissioned by the ILO in          Violence, harassment, discrimination at work, exclu-
East Asia revealed that some employers conducted          sion, stigmatization and prejudice are sometimes faced
tests which formally were voluntary but in prac-          by lesbian, gay, bisexual and transgender persons in or
tice denied employment to anyone who refused to           seeking employment. Homosexuality remains crimi-
participate.                                              nalized in a number of countries. Some studies put
     In June 2010, the International Labour Conference    the salary gap between gay and non-gay employees
adopted the HIV and AIDS Recommendation, 2010             at 3 to 30 per cent. Same-sex partners do not always
(No. 200). The new Recommendation is the first            acquire the same benefits as married couples, and the
international labour standard on HIV and AIDS. It         right to include partners in health insurance plans and
contains protections against discrimination in recruit-   other work-related benefits may not be guaranteed.
ment and terms and conditions of employment, and               The European Union’s Charter of Fundamental
prohibits termination of employment on the basis of       Rights, which strengthens and expands the non-dis-
real or perceived HIV status.                             crimination provisions of the Employment Equality
                                                          Directive 2000/78/EC, is the first international human
                                                          rights instrument to completely prohibit discrimin-
                                                          ation based on sexual orientation. It entered into force
                                                          with the ratification of the Lisbon Treaty in 2009.

                                                                                                              xiii
EqUALITy AT WORk: THE CONTINUING CHALLENGE




Lifestyle                                                   Action by the ILO

In some regions and countries, discrimination based         Over the last four years, several programmes
on lifestyle has emerged as a topical issue, especially     have been developed and activities implemented
in relation to smoking and obesity (which could also        at the global, regional and national levels. Non-
be regarded as health issues). The issue is still concen-   discrimination has been included as a priority in the
trated around a limited number of mainly industrial-        Decent Work Country Programmes (DWCPs) of 36
ized countries, and further monitoring and research         countries. Particular attention has been paid to equal
will certainly shed light on emerging patterns so that      remuneration, the elimination of racial discrimin-
appropriate guidance and interventions by govern-           ation and better enforcement of legislation in general.
ments and the social partners can be designed.                   Promoting the rights of vulnerable groups, such
                                                            as workers with HIV/AIDS or disabilities and indi-
                                                            genous peoples, are among the major areas of focus.
Action by employers’ and workers’                           Technical cooperation projects have included aware-
organizations                                               ness raising, capacity building, information gathering
                                                            and sharing, research, and training. The emphasis
Discrimination must be addressed at the national            has been on providing advisory services and practical
level, where governments need to act and political,         materials for capacity development.
legislative and administrative interventions and social          With ILO support, more equality policies and
dialogue are required to ensure equality at work.           action plans have been adopted and implemented
Action is also required at the workplace level, with        at the national and workplace levels over the past
the direct involvement of the social partners. Many         four years. The work of bringing national legislation
employers have successfully turned diversity into an        into line with the relevant ILO Conventions has con-
asset and promoted both productivity and innov-             tinued. ILO tools have been used more regularly;
ation, and human resources policies are increasingly        judges have increasingly referred to ILO Conventions
embracing considerations of non-discrimination.             in their case reviews; and constituents are more aware
     Preventing discrimination in practice contrib-         of their rights.
utes to the retention of knowledgeable and high-
performing staff. This is also important for the
reputation of a company or establishment. A policy          Looking ahead
of non-discrimination sends a clear signal that re-
cruitment decisions are based on the competencies           This Global Report has tried to give a picture of
required to do a job. This is a sound business decision     both progress and shortcomings. There is a distinct
that is also in the interests of workers. Employers’ and    positive message that there is a growing system of
workers’ organizations should share their experiences       legislation and institutional arrangements which
and study the available information on good practices       would not have come about without an increased
in this regard.                                             level of general awareness and political acceptance
     The International Organisation of Employers            of the need to combat discrimination at work. This
(IOE) and its members have continued to support             progress is rooted in the fundamental principles and
efforts to combat discrimination at the workplace.          rights at work and reflects a constant endeavour to
They have provided leadership and advocacy, of-             translate them into reality, to monitor them, and to
fering practical guidance to national employers by          enhance the collective and individual means of exer-
drafting codes, promoting good practices, arranging         cising these rights.
training and providing guidance materials.                       Nevertheless, it has to be noted that by far the
     The International Trade Union Confederation            biggest challenge to the effective realization of these
(ITUC) gives priority to defending the rights of            rights comes from the external economic and social
workers who are most vulnerable to discrimination,          context. This has been affected, in some places seri-
including women, migrants, and racial or ethnic             ously, both by adverse macroeconomic developments
minorities, through its Decent Work Decent Life             and by the effects of pervasive poverty and a lack
Campaign. A new campaign, launched in 2008, fur-            of sustainable growth. In a worst-case scenario, this
ther promotes gender equality in national policies          could threaten the achievements of several decades.
on the basis of the Equal Remuneration Convention                As we see in some current political discourse, in
1951, (No. 100). Altogether 102 trade unions from           particular where populist solutions are advocated,
64 countries have participated in this campaign.            economically adverse times open up new space for

xiv
EXECUTIVE SUMMARy




discrimination in general, including discrimination       universal ratification and application of the two
at work. This tide will not be turned by ILO in-          fundamental ILO Conventions on equality and
terventions alone. The ILO’s constituents should          non-discrimination; (b) development and sharing
be playing a key role in strategic interventions that     of knowledge on the elimination of discrimination
maintain the shared will to advance the non-discrim-      in employment and occupation; (c) development
ination agenda, as well as the legislative and institu-   of the institutional capacity of ILO constituents to
tional basis of action against discrimination, through    more effectively implement the fundamental right of
data generation and knowledge sharing as well as          non-discrimination at work; and (d) strengthening
capacity building at all levels.                          of international partnerships with major actors on
    In the light of all this, four priority areas are     equality.
proposed for future action: (a) promotion of the




                                                                                                           xv
List of abbreviations




CEACR      Committee of Experts on the Application of Conventions and Recommendations
CELADE     Latin American and Caribbean Demographic Centre
DWCP       Decent Work Country Programme
EEOC       Equal Employment Opportunity Commission (United States)
EPZ        export processing zone
HALDE      Haute Autorité de Lutte contre les Discriminations et pour l’Egalité (France)
HIV/AIDS   human immunodeficiency virus/acquired immune deficiency syndrome
IILS       International Institute for Labour Studies
IMF        International Monetary Fund
IOE        International Organisation of Employers
ITUC       International Trade Union Confederation
LGBT       lesbian, gay, bisexual and transgender
MNE        multinational enterprise
OECD       Organisation for Economic Co-operation and Development
PLHIV      persons living with HIV
UNDP       United Nations Development Programme
UNESCO     United Nations Educational, Scientific and Cultural Organization




                                                                                           xvii
Introduction




1. The elimination of discrimination at work has                     and unjustifiable effect on one or more identifiable
been a cornerstone of the ILO’s mandate since its in-                groups. An example is requiring applicants to be of
ception in 1919. Its paramount importance is echoed                  a certain height, which could disproportionately ex-
in the 1944 Declaration of Philadelphia, the 1998                    clude women and members of some ethnic groups.
ILO Declaration on Fundamental Principles and                        Structural discrimination is inherent or institution-
Rights at Work, the 2008 ILO Declaration on Social                   alized in social patterns, institutional structures and
Justice for a Fair Globalization, and the 2009 ILO                   legal constructs that reflect and reproduce discrimin-
Global Jobs Pact.                                                    atory practices and outcomes. These may include dif-
2. Clarity of concept helps us to understand the                     ferential or inferior conditions of training for ethnic
problem and to tackle it efficiently. Article 1 of the               minorities.1
Discrimination (Employment and Occupation)                           4. Two earlier Global Reports on the theme of
Convention, 1958 (No. 111), defines discrimination as                equality were produced under the follow-up to the
“any distinction, exclusion or preference made on the                1998 Declaration, presenting a dynamic global pic-
basis of race, colour, sex, religion, political opinion,             ture related to the elimination of discrimination in
national extraction or social origin, which has the                  employment and occupation. The first of these, Time
effect of nullifying or impairing equality of oppor-                 for equality at work, stressed that the workplace – be
tunity or treatment in employment or occupation”,                    it a factory, an office, a farm or the street – was a
and allows for additional grounds to be included after               strategic entry point for freeing society from dis-
consultation with national workers’ and employers’                   crimination. 2 It highlighted the high economic,
organizations. The Equal Remuneration Convention,                    social and political costs of tolerating discrimination
1951 (No. 100), provides for “equal remuneration for                 at work, and argued that the benefits stemming from
men and women workers for work of equal value”.                      more inclusive workplaces surpassed the cost of re-
3. Discrimination in employment and occupation                       dressing discrimination.
can occur in many different settings and can take                    5. The second, Equality at work: Tackling the chal-
many forms. It can relate to hiring, promotion, job                  lenges, highlighted the fact that despite encouraging
assignment, termination, compensation, working                       developments in the fight against long-recognized
conditions and even harassment. Discrimination is                    forms of discrimination at the workplace, problems
direct when rules, practices and policies exclude or                 still persisted. Moreover, other forms based on fac-
give preference to certain individuals just because                  tors such as age, disability, migrant status, HIV and
they belong to a particular group, for example, job                  AIDS, sexual orientation, genetic predisposition and
advertisements which indicate that only men should                   unhealthy lifestyles, had become more evident. To
apply. Discrimination is indirect when apparently                    make the fight against all forms of discrimination at
neutral norms and practices have a disproportionate                  the workplace more effective, the Report advocated,


1. ILO: Equality at work: Tackling the challenges, Global Report under the follow-up to the ILO Declaration on Fundamental Principles
   and Rights at Work, Report I(B), International Labour Conference, 96th Session, Geneva, 2007, paras 28, 29, 31.
2. ILO: Time for equality at work, Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at
   Work, Report I(B), International Labour Conference, 91st Session, Geneva, 2003, para. 11.


                                                                                                                                    1
EqUALITy AT WORk: THE CONTINUING CHALLENGE




among other things, better enforcement of legislation                  Report on discrimination, it also reviews develop-
as well as non-regulatory initiatives by governments                   ments in combating discrimination in employment
and enterprises, and enhancement of social partners’                   and occupation by measuring discrimination through
capacity to address and overcome discrimination.3                      data collection and testing; by evaluating identified
6. Over the past few years, the world has expe-                        “good practice” measures; and by reviewing the ef-
rienced the worst economic crisis since the Great                      fectiveness of national equality bodies.
Depression, a crisis that has resulted in widespread                   9. Part II, From principles to practice, highlights
job losses and social hardship. The ILO has esti-                      recent trends and developments in discrimination
mated that globally 22 million more jobs will be                       on different grounds. Specific attention is paid
needed in 2011 to restore pre-crisis employment                        to discrimination based on sex, race and ethnicity
rates.4 Experience from earlier crises suggests that                   and the situation of migrant workers, a group con-
the risk is especially acute for low-skilled, migrant                  sidered to suffer the highest incidence of discrimin-
and older workers. young people, who are dispropor-                    ation. Other long-recognized grounds, including
tionately hit by unemployment, will face still greater                 religion and social origin, as well as new trends in
difficulties in obtaining decent work. There are some                  discrimination based on age, sexual orientation, real
indications that the proportion of people of working                   or perceived HIV status and disabilities, are also dis-
age who do not participate in the labour market at all                 cussed. Discrimination based on political opinion is
has started to increase.                                               addressed for the first time in this Global Report.
7. This Report, the third Global Report on non-                        Reference is also made to emerging issues related to
discrimination, builds on the findings, conclusions                    discrimination based on lifestyle and genetic predis-
and recommendations of the first two. It reviews pro-                  position. It outlines the role of governments in dem-
gress and challenges with respect to various grounds                   onstrating political commitment and providing an
of discrimination and proposes priority areas for                      enabling environment, reviews action taken by em-
future action, informed by lessons learned from pre-                   ployers’ and workers’ organizations, and provides a
vious and ongoing programmes and activities. It                        critical review of legal frameworks and policies at
does so against the background of a slow and uncer-                    both the national and enterprise levels against dis-
tain recovery from a global economic and financial                     criminatory practices.
crisis which has led to a deep employment crisis. The                  10. Part III, The ILO’s response, reviews ILO as-
Report therefore addresses discrimination in the con-                  sistance to member States for the elimination of dis-
text of broader developments as regards inequality                     crimination in employment and occupation since the
and vulnerability.                                                     adoption by the Governing Body of the 2007 tech-
8. The Report is divided into four parts. Part I,                      nical cooperation priorities and action plans.5 It high-
An evolving picture: Capturing the trends, provides a                  lights programmes and activities undertaken by both
general overview of the impact of the crisis on cer-                   ILO field offices and headquarters units at the na-
tain groups of workers who are more vulnerable to                      tional, regional and global levels which have achieved
discrimination, with a focus on the ILO’s response                     positive results and could be regarded as good prac-
and particularly on the Global Jobs Pact. It highlights                tices and provide lessons for the future.
progress on the ratification and implementation of                     11. Building on the assessment of the impact of
the fundamental ILO standards addressing discrimin-                    different programmes and activities carried out by
ation – the Equal Remuneration Convention, 1951                        the ILO over the past four years, Part IV, Towards
(No. 100), and the Discrimination (Employment and                      an action plan, recommends priority themes and
Occupation) Convention, 1958 (No. 111) – and con-                      areas, and appropriate strategies for future action by
siders general trends in key areas over the past four                  the ILO and its constituents in line with the ILO’s
years. Building on the findings of the second Global                   Decent Work Agenda.




3. ILO: Equality at work: Tackling the challenges, op. cit., p. ix.
4. International Institute for Labour Studies (IILS): World of Work Report 2010: From one crisis to the next? (ILO, Geneva, 2010), p. 17.
5. See ILO: Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work: Technical cooperation priorities and action
   plans regarding the elimination of discrimination in employment and occupation, Report of the Committee on Technical Cooperation,
   GB.300/TC/4, Governing Body, 300th Session, Geneva, Nov. 2007.


2
Part I

An evolving picture: Capturing the trends


The impact of the global economic crisis                              the global nature of the crisis, returning home may
on non-discrimination in employment                                   not have been a viable option this time, as equal or
and occupation                                                        greater job displacement has taken place in the mi-
                                                                      grant workers’ countries of origin.3 Migrants tend to
12.    Discrimination on various grounds can be ex-                   experience job losses before other individuals partly
acerbated in times of economic uncertainty. There                     because they are widely employed in sectors – like
may be a tendency for governments to give lower                       construction and tourism – which are most immedi-
priority to action against discrimination during pe-                  ately affected by economic downturns.4
riods of economic downturn.1 Whatever has been                        14. Many countries have lowered their quotas
the social impact of the financial crisis, post-crisis                for economic migrants. Australia, for example, de-
recovery strategies and measures must not ignore the                  creased its cap of 133,500 skilled migrants in 2008
principles of non-discrimination and equality. This                   to 108,100 in 2009.5 In Thailand, the registration of
is a challenging context, in which it is of the utmost                700,000 foreign workers was delayed in a bid to keep
importance for governments and other economic and                     jobs for Thai workers. In Italy, some employers aban-
social actors to reaffirm their commitment to main-                   doned applications they had filed when the business
taining and strengthening non-discrimination pol-                     outlook was better. In 2008, about 10,000 employers
icies and institutions.                                               (5.6 per cent of processed applications) withdrew re-
                                                                      quests they had filed in December 2007.6 Similarly,
                                                                      some trade unions in Poland called for restrictions
Impact on migrant workers                                             on the entry of workers from outside the European
                                                                      Union (EU), mainly from Ukraine, Belarus and
13.    According to a recent ILO study, migrant                       China, in order to make room for returning Polish
workers have been particularly affected by the crisis,                workers expected to lose their jobs in other EU coun-
with more situations of discrimination in access to                   tries. The anxiety about migrant workers created by
employment and migration opportunities, increased                     the crisis was revealed by a Financial Times/Harris
xenophobia and violence, and worsened conditions of                   poll, which found that over 50 per cent of United
work, among other factors.2 These have added to the                   kingdom nationals wanted to apply restrictions
existing situations of inequality and discrimination                  on access to the British labour market to workers
against migrant workers. In previous downturns, a                     from fellow EU Member States.7 In Ireland, the
certain number of migrants returned home. Given                       Government has increased restrictions on both the

1. ILO: Global employment trends for youth, special issue on the impact of the global economic crisis on youth (Geneva, Aug. 2010),
   p. 10.
2. See I. Awad: The global economic crisis and migrant workers: Impact and response (Geneva, ILO, 2009).
3. IOE: Trends in the workplace survey 2009, p. 31.
4. ibid.
5. OECD: International Migration Outlook: SOPEMI 2009, p. 36.
6. OECD: International Migration Outlook: SOPEMI 2009 – Special focus: Managing labour migration beyond the crisis, p. 31.
7. I. Awad, op. cit., p. 44.


                                                                                                                                      5
EqUALITy AT WORk: THE CONTINUING CHALLENGE




      Figure 1.1. Gap between immigrant and non-immigrant unemployment, 2007 and 2009 (per cent)
       14
                                                                                                                                                12.9

       12
                             Pre-recession gap (2007-Q4)

       10                    End of recession gap (2009-Q4)                                                                         9.8
                                                                                                                        8.9
                                                                                      8.6
                                                                                                          8.1                 8.3
        8
                                                                                            7.1                   7.1

        6                                                                     5.3
                                                               4.3                                                                        4.4
                                                 4.0
        4
                                                         3.0                                        2.8
               2.2                 2.1                                  1.9
        2            1.6                   1.5
                             0.7

        0
                United        United        Ireland        Italy       Portugal      Germany      Netherlands     Sweden      France       Spain
               Kingdom        States
      Source: Eurostat, Current Population Survey (United States) and Quarterly National Household Survey (Ireland).




entry of work permit holders and their rights and en-                               groups that fared better were generally concentrated
titlements once they arrive.8                                                       in jobs requiring higher levels of education.10
15. A study on the impact of the crisis on em-
ployment gaps between immigrant and native-born
workers has shown large variations between coun-                                    The crisis and women workers
tries.9 In Spain, for example, the gap widened greatly,
while in Germany it actually narrowed. In most                                      17. Female employment has been seriously affected
major immigrant-receiving countries for which data                                  in several countries by the particular impact of the
were available, unemployment increased faster among                                 crisis on export sectors.11 The African textile industry,
immigrants than among natives between late 2007                                     for example, with a 90 per cent female low-skilled
and late 2009. In some cases, the unemployment gap                                  and low-educated workforce, has experienced cuts
opened up where it had previously been negligible                                   as a result of import contraction in foreign markets.
(for example, in the United States), while in others,                               18. Past crises have revealed a similar dispropor-
immigrants both entered and left the recession with                                 tionate impact on the employment of women in
much higher jobless rates (see figure 1.1).                                         developing countries. In the 1990s crisis in Asia,
16. Not all situations of inequality can be at-                                     women’s incomes declined steeply compared to men’s
tributed to acts of direct discrimination. The con-                                 as a result of contractions in sectors that employed
sequences of crisis on migrant workers have been                                    more women. Increased competition for casual
harshest in the sectors and countries most severely af-                             and domestic work placed a downward pressure on
fected by the crisis. For example, in countries where                               women’s wages as many women had little choice but
construction had been the engine of growth in pre-                                  to enter into informal employment following eco-
vious years, migrant workers have suffered the big-                                 nomic contraction. A United Nations report indi-
gest loss of employment. Similarly, certain immigrant                               cates that the current crisis is following a similar
groups have been hit harder than others, for instance,                              pattern, partly as a result of attitudes that give prefer-
Pakistanis and Bangladeshis in the United kingdom                                   ence to male employment by promoting the image of
and Hispanics in the United States. By contrast,                                    the male breadwinner. When jobs are scarce, women

8. D. Papademetiou, M. Sumption and A. Terrazas: Migration and immigrants two years after the financial collapse: Where do we stand?,
    BBC World Service, Migration Policy Institute, 2010, p. 92.
9. ibid., pp. 10, 20.
10. ibid., p. 10.
11. This and the following paragraphs are based on International Trade Union Confederation (ITUC): Gender in(equality) in the labour
    market: An overview of global trends and developments (Brussels, 2009).


6
AN EVOLVING PICTURE: CAPTURING THE TRENDS




encounter tougher competition in access to jobs, in-                  22.    Recent data show that 829 million people
creasing the influence of existing and persistent bar-                living in poverty in the world are women, compared
riers to their employment.                                            to 522 million men.18 With women’s wages equal to
19. The same UN report also noted that newly                          only 70 to 90 per cent of men’s for work of equal
unemployed women who must earn incomes to                             value, non-discrimination in remuneration should be
support their families turn to precarious forms of                    a core component of measures aimed at both gender
employment in the informal economy, often with                        equality and reducing poverty.
harsh working conditions. A 2009 study in Thailand
found that 80 per cent of surveyed street vendors in
the country reported higher levels of competition                     Poverty and discrimination
since the beginning of the economic crisis.12 It is im-
portant that governments remain proactive and pro-                    23.    In 2009, the number of workers worldwide
tect women in the informal sector, but the priority                   in poverty was estimated to be between 1.48 and
given to narrowing the gender pay gap or to public                    1.59 billion. These figures reflect a likely increase in
awareness campaigns for gender equality at the work-                  the number of such vulnerable workers by between
place is likely to be adversely affected in an envir-                 41.6 and 109.5 million during the period 2008–09.
onment of budget cuts and crisis response.                            They also show that the global financial and eco-
20. In developed market-economy countries, the                        nomic crisis is likely to have had a severe impact on
crisis has not had a clear disproportionate impact on                 many millions of women and men around the world.
the employment of women that could be attributed                      Before the crisis, the proportion of workers in em-
to discrimination. In the United States, for example,                 ployment vulnerable to poverty was on a downward
from December 2007 to April 2010, women lost only                     trend in all regions. Some evidence suggests that in
46 jobs for every 100 jobs lost by men, and an ILO                    the period 2007–08, the global number of workers in
study showed that female migrant workers are con-                     vulnerable employment decreased for the first time,
centrated in sectors that have either expanded during                 by around 10.5 million people, to just below half of
the crisis or have not been affected.13 In the United                 all workers (49.5 per cent).19 That trend may now be
kingdom, there was also a greater decline in em-                      reversed.
ployment rates for men than for women during the                      24. Living in poverty is not only about low in-
second and third quarters of 2008.14                                  comes. It also means a vicious cycle of diminished
21. Similarly, data on the wage gap have yet to                       health, reduced working capacity, bad working and
evolve in any clear or definitive direction. In the                   living conditions, low productivity and reduced life
United kingdom, for example, the 2008 Annual                          expectancy. Combined with illiteracy, hunger, child
Survey of Hours and Earnings showed that the gender                   labour and early parenthood, the pervasive effect of
pay gap had increased from 12.5 per cent in 2007                      poverty can be transferred from parents to their chil-
to 12.8 per cent in 2008, based on stronger growth                    dren. Globally, this phenomenon appears to affect
in men’s hourly earnings.15 However, the trend was                    certain groups disproportionately. In some coun-
reversed the following year as the gender pay gap                     tries, women register higher levels of poverty 20 and
decreased to 12.2 per cent in 2009.16 In the United                   households headed by females are more likely to be
States, the gender pay gap (by median wage) in-                       poor. Similarly, indigenous peoples, tribal groups
creased, with women’s wages declining from 80.2 per                   and people of African descent are also over-repre-
cent of men’s in 2007 to 79.9 per cent in 2008, com-                  sented among the poor. The world’s population of
paring full-time wage and salaried workers.17                         indigenous peoples, for instance, is about 300 to 370


12. A. Ellis, D. kirkwood and D. Malhotra: Economic opportunities for women in the East Asia and Pacific region (Washington, DC,
    World Bank, 2010), p. 68.
13. United States Congress: Understanding the economy: Working mothers in the Great Recession, report by the US Congress Joint Eco-
    nomic Committee (Washington, DC, May 2010), p. 1; I. Awad, op. cit., pp. 41, 43.
14. ITUC: Gender in(equality) in the labour market, op. cit., p. 36.
15. United kingdom Office for National Statistics: First release, 2008 Annual Survey of Hours and Earnings, 14 Nov. 2008, p. 6.
16. United kingdom Office for National Statistics: 2009 Annual Survey of Hours and Earnings, 12 Nov. 2009, p. 4.
17. ILO: Global wage report: Update 2009 (Geneva, 2009), para. 12.
18. ILO: Gender equality at the heart of decent work, Report VI, International Labour Conference, 98th Session, Geneva, 2009, para. 58.
19. ILO: Global employment trends (Geneva, Jan. 2010), p. 18.
20. The simple disaggregation of poverty counts by sex will lead to underestimates of gender gaps in poverty because poor women might
    also be found in some non-poor households. Second, the gender gap in poverty may appear larger in some countries which have a
    higher proportion of households with over-representation of women.


                                                                                                                                      7
EqUALITy AT WORk: THE CONTINUING CHALLENGE




million. They make up 15 per cent of the world’s                       27. The already dire labour market prospects for
poor and about one third of the world’s 900 mil-                       young workers appear to have worsened as a conse-
lion extremely poor rural people.21 In South Asia,                     quence of the crisis. There were a record 81 million
Dalit communities also register dramatically high                      unemployed young people in the world at the end
levels of poverty. In India, the poverty rate for Dalits               of 2009, and a record 1 per cent annual increase in
(65.8 per cent) is almost twice the rate for the rest of               youth unemployment, compared to a 0.5 per cent
the population (33.3 per cent).22                                      change in the adult rate, between 2008 and 2009.27
25. The disproportionate impact of poverty on                          young women and men have been disproportionately
these groups is not a simple coincidence. It has its                   harmed since the onset of the crisis, and if similar
origins in structural discrimination based on one or                   patterns are experienced as in past recessions, it could
a combination of grounds such as sex, race, colour,                    take around 11 years for youth employment to return
ethnicity or religion. 23 This situation is often a                    to pre-recession levels.28 Unemployed young people
result of social exclusion and exploitation, such as                   encountering the crisis environment may lose hope of
forced labour or child labour in its worst forms.                      obtaining employment and detach themselves from
Discrimination in employment and occupation                            the labour market altogether, leaving a legacy of a
emerges as a crucial factor in causing and exacer-                     “lost generation”.29
bating poverty. Not only can discrimination substan-                   28. The impact of wage discrimination on poverty
tially shrink wage and other incomes; people affected                  has been demonstrated and quantified by a number
by it often register lower participation levels and em-                of recent studies. In 2008, one such study 30 analysed
ployment rates. Once in employment, low incomes                        the effects of gender discrimination on poverty in
that result from wage discrimination and occupa-                       Brazil between 1992 and 2001, using data obtained
tional segregation in poorly remunerated activities                    from the National Household Survey.31 The results
prevent individuals from working their way out of                      show that, when gender discrimination is elimi-
poverty. Discrimination in employment and occupa-                      nated, the percentage of poor people tends to de-
tion can also result in long-term poverty by limiting                  cline by an average of 10 per cent. Results were even
access to assets and services.                                         more striking among the most vulnerable segments
26. The crisis has resulted in severe job losses in                    of the population, such as members of households
high-income economies. At the beginning of 2010,                       headed by black women who lack a formal employ-
14 million jobs were still needed to restore employ-                   ment contract or are not trade union members.
ment to pre-crisis levels.24 At the same time, larger                  Similar conclusions have been drawn from other re-
numbers of workers are signalling their wish to emi-                   search in developed countries. For example, an EU
grate for work. In the case of Ireland, for example,                   study 32 shows that, despite the very low employment
100,000 people are predicted to leave the country                      rates among women living in low-income house-
over the coming four years.25 Persons with disabilities                holds, removing wage discrimination of working
have seen a decrease in job opportunities. In Japan,                   women would substantially reduce poverty in most
for example, the number of dismissed workers with                      EU countries. That impact varies widely across the
disabilities increased on a quarter-to-quarter basis                   EU; it is larger for countries with the highest levels
for five consecutive months from November 2008 to                      of wage discrimination (where about 10 per cent
March 2009.26                                                          of the poor would be assisted out of poverty) and


21. International Fund for Agricultural Development: Fact Sheet, 2007, p. 1.
22. S. Alkire and M.E. Santos: Acute multidimensional poverty: A new index for developing countries, OPHI Working Paper No. 38
    (Oxford, OPHI, July 2010), p. 127.
23. ILO: Working out of poverty, Report of the Director-General, International Labour Conference, 91st Session, Geneva, 2003, p. 34.
24. International Institute for Labour Studies (IILS): World of work report 2010: From one crisis to the next? (ILO, Geneva, 2010), p. 3.
25. M. Savage: “Economic crash to drive 100,000 out of Ireland”, The Independent, 18 Nov. 2010.
26. Ministry of Health, Labour and Welfare: Employment measures in post-financial crisis Japan, July 2009, p. 30.
27. ILO: Global employment trends for youth, op. cit., pp. 1, 4, 5.
28. IILS: World of work report 2010, op. cit., p. 2.
29. ILO: Global employment trends for youth, op. cit., p. 1.
30. R.C. Santos Simão and S.E. Monsueto: “The impact of gender discrimination on poverty in Brazil”, in CEPAL Review 95 (Aug.
    2008), p. 141.
31. In studies of this type, the methodology is based on an estimation of counterfactual distribution of per capita household income
    based on a hypothetical scenario in which the labour market pays equal wages to men and women in accordance with their qualifica-
    tions.
32. C. Gradín, C. del Río and O. Cantó: “Gender wage discrimination and poverty in the EU”, in Feminist Economics, 12 May 2010,
    p. 100.


8
AN EVOLVING PICTURE: CAPTURING THE TRENDS




smaller in those with the lowest levels of wage dis-                   for women and men who are more vulnerable to
crimination (where only between 2 and 4 per cent                       discrimination, including youth at risk, low-wage,
of the poor would cross the poverty threshold).                        low-skilled, informal economy and migrant workers.
However, the study underlined the fact that the                        Furthermore, it calls on countries to enact policies
impact of wage discrimination on poverty is critical                   that promote core international labour standards,
in all EU countries for paid working women and                         such as equal remuneration for work of equal value
their households.                                                      and elimination of discrimination in employment,
29. There is a crucial link between poverty eradi-                     in order to reduce gender inequality and discrimin-
cation, employment and equality. This is reflected                     ation at the workplace.34 These objectives were en-
in the slow but progressive acceptance of the need                     dorsed by the leaders of the G20 at the Pittsburgh
to rethink poverty reduction strategies and to shift                   Summit in 2009, when they committed their na-
from a one-dimensional approach based on income                        tions to adopting key elements of the general frame-
levels to a multidimensional strategy that effectively                 work of the Global Jobs Pact to advance the social
addresses the underlying causes of persistent high                     dimension of globalization. They also called on
poverty and economic insecurity. Some countries                        international institutions to consider the goals of
have started to align their income-generating pol-                     the Global Jobs Pact in their crisis and post-crisis
icies in poor areas with social policies. Those pol-                   analysis and policy-making activities.35 Similarly,
icies may still be ineffective in reducing poverty if                  G20 labour ministers emphasized the importance
they do not take into consideration the effects of                     of following the Pact’s guidelines for strong, sustain-
discrimination in employment and occupation. In                        able and balanced global growth.36 The ILO is co-
many developing countries, transfer programmes                         operating actively with several countries which have
targeted at the poor are designed to provide income                    reflected the Pact in their stimulus packages and re-
support and are made conditional on keeping chil-                      covery measures.
dren in school and/or visits by mothers and children
to health centres. However, these measures may
have only a limited impact on poverty reduction                        Stimulus packages
if they do not at the same time address the deter-
minants of economic vulnerability, including the                       32. While the crisis had the effect of increasing
ethnic, racial and gender discrimination that keep                     vulnerability for many workers, the stimulus meas-
wages at a low level.33                                                ures designed to bring about recovery have not
                                                                       always contributed to correcting the disparities. With
                                                                       the goal of economic recovery in mind, many coun-
Responding to the crisis                                               tries have focused their stimulus packages on sectors
                                                                       that have endured significant damage from the crisis.
30.    A job-rich recovery, with macro- and micro-                     In many cases these were male-dominated sectors of
economic policies supporting employment and                            employment. While stimulus measures have been
growth, is essential in the current context. However,                  credited for averting a deeper crisis and helping to
non-discrimination efforts can all too easily be un-                   jump-start the economy, prioritization of responding
dermined by short-term measures taken to alleviate                     to the fiscal effects of the crisis has resulted in na-
difficult fiscal conditions. Non-discrimination laws                   tional resources not always being distributed rela-
and policies, equality institutions and political com-                 tively equally among all sectors of the labour market.
mitment, have been hard won over a number of dec-                      Responses may have resulted in the indirect exclusion
ades; care should be taken to protect them. Lessons                    of vulnerable groups from the benefits of stimulus
should have been learned from the experiences of the                   measures. Those groups include young people, ethnic
last century.                                                          minorities and women, who are often under-repre-
31. In June 2009, the ILO adopted the Global                           sented in the targeted industries.
Jobs Pact, a centrepiece of its response to the crisis.                33. In Germany, two recovery packages initiated by
The pact emphasizes the need to enhance support                        the Government have targeted sectors comprising a

33. United Nations: Retooling global development, World Economic and Social Survey 2010, UN Department of Economic and Social
    Affairs (2010), p. 36.
34. ILO: Recovering from the crisis: A Global Jobs Pact, International Labour Conference, 98th Session, Geneva, 2009, Part II(9)(2) and
    (9)(7).
35. Leaders’ Statement, Pittsburgh G20 Summit, 24–25 Sep. 2009.
36. ILO: “El Salvador and Argentina adopt ILO Jobs Pact”, ILO Policy Integration Department, 8 July 2010.


                                                                                                                                          9
EqUALITy AT WORk: THE CONTINUING CHALLENGE




78 per cent male and 22 per cent female workforce.37                   the International Institute for Labour Studies has
The automotive industry, construction, laboratory and                  emphasized the need for further measures targeted
medical technologies, and financial intermediation,                    at vulnerable groups such as young people, and
are all male-dominated sectors that have received                      for employment-oriented social protection.39 The
significant financial support from the Government.                     Institute’s World of work report 2010 expands on the
While the packages have been successful in benefiting                  Global Jobs Pact, which calls on national govern-
men in the targeted sectors, reducing their employ-                    ments to develop income support systems, provide
ment decline, a 2010 study has indicated that the                      skills development programmes and improve en-
neglect of female-dominated sectors, including most                    forcement of non-discrimination rights in order to
prominently the services sectors, poses a long-term                    help vulnerable groups to recover from the crisis and
risk to women’s employment. As a consequence, a                        prevent increased poverty and social hardship, while
decline in female employment remains a long-term                       at the same time stabilizing the economy and pro-
possibility, which could be harmful to national econ-                  moting employability.40
omies since female employment in the services sector
was previously fuelling national employment.
34. In the United States, the stimulus package                         Preventing harmful effects of fiscal consolidation
appears to have had a mixed impact on vulner-
able groups in society. While 10 per cent of rural                     36. In the aftermath of the financial crisis, global
infrastructure grants must be targeted to counties                     attention has increasingly been paid to reducing large
with persistent poverty, and the Home Investments                      budget deficits and public debts in many countries.
Partnership Program in the stimulus package calls                      yet many have urged caution in formulating fiscal
for equitable distribution of resources between urban                  consolidation policies – defined by tax increases and
and rural communities, with a prioritized focus on                     cuts in government spending – since the measures in-
areas with severe economic problems, a 2009 Ohio                       volved could jeopardize recovery efforts, propel coun-
State University report notes that the substantial                     tries into deeper recession and exacerbate inequalities
funding given to infrastructure projects could dis-                    in the workforce.41 A joint ILO–IMF paper in 2010
advantage racial minorities and women. African                         warned that a premature consolidation push could
Americans represent 13 per cent of the population                      damage macroeconomic growth and subsequently
and women make up half of the population, but they                     lead to even larger deficits and debts.42 Nevertheless,
hold only 6 per cent and 9.4 per cent of construction                  fiscal consolidation plans have already been initi-
jobs respectively.38                                                   ated in countries with particularly severe deficits,
35. In order to protect all segments of society                        including Greece, Latvia and Ukraine. The Trade
equally and prevent further marginalization of vul-                    Union Advisory Committee to the Organisation for
nerable groups, national governments should ensure                     Economic Co-operation and Development (OECD)
that the disproportionate effects of stimulus meas-                    has estimated a total resource gap of US$372 billion
ures are considered when they are developed and that                   per year from 2012 to 2014 if deficit reduction plans
any disproportionate effects of policies are moni-                     proposed by the OECD to its member countries are
tored and corrected, thereby halting growing eco-                      implemented.43
nomic inequalities. With the aim of stimulating job                    37. Certain groups may be particularly susceptible
creation and surmounting the crisis, in addition to                    to the bulk of the effects of fiscal consolidation meas-
calling for financial reform and sustainable job cre-                  ures, as austerity policies in many countries could
ation through the promotion of a closer link between                   take the form of cuts in the welfare programmes that
wages and productivity gains in surplus countries,                     assist lower-income workers in access to employment

37. Information in this paragraph is based on European Industrial Relations Observatory On-line: “Gender impact of recovery packages
    investigated”, 2010, p. 1.
38. Ohio State University kirwan Institute for the Study of Race and Ethnicity: Preliminary report of the impact of the economic stimulus
    plan on communities of color, 25 Feb. 2009 update, pp. 1–2.
39. ILO: “World of work report 2010: ILO says long ‘labour market recession’ worsens social outlook in many countries”, press release,
    30 Sep. 2010.
40. ILO: Recovering from the crisis: A Global Jobs Pact, op. cit., pp. 6–7.
41. Global Unions Group: A financial transactions tax for job creation and development goals, statement by Global Unions to G20 Finance
    Ministers and the 2010 spring meetings of the IMF and the World Bank, Washington, DC, 23–25 Apr. 2010, pp. 3–5.
42. ILO–IMF: The challenges of growth, employment and social cohesion, discussion document for a joint ILO–IMF conference in cooper-
    ation with the office of the Prime Minister of Norway, 13 Sep. 2010, p. 8.
43. Global Unions Group, op. cit., pp. 4–5.


10
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge
Equality At Work The Contimuing Challenge

More Related Content

What's hot

Identifying Special Needs Populations in Hazard Zones
Identifying Special Needs Populations in Hazard ZonesIdentifying Special Needs Populations in Hazard Zones
Identifying Special Needs Populations in Hazard ZonesEsri
 
Harnessing io t-global-development
Harnessing io t-global-developmentHarnessing io t-global-development
Harnessing io t-global-developmentFerruh Altun
 
Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...
Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...
Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...Digital Policy and Law Consulting
 
Wills estates book two final final final
Wills  estates book two final final finalWills  estates book two final final final
Wills estates book two final final finalMary Jane Abram
 
Standards of review on criminal proceedings 9th circuit 178-pages
Standards of review on criminal proceedings   9th circuit   178-pagesStandards of review on criminal proceedings   9th circuit   178-pages
Standards of review on criminal proceedings 9th circuit 178-pagesUmesh Heendeniya
 
How creativity-works-in-the-brain-report
How creativity-works-in-the-brain-reportHow creativity-works-in-the-brain-report
How creativity-works-in-the-brain-reportTrading Game Pty Ltd
 
ual 2007 Proxy Statement
ual 2007 Proxy Statementual 2007 Proxy Statement
ual 2007 Proxy Statementfinance13
 
Video and Storytelling
Video and StorytellingVideo and Storytelling
Video and StorytellingE-Mediat
 
Financing for development Post 2015
Financing for development Post 2015Financing for development Post 2015
Financing for development Post 2015Dr Lendy Spires
 
Rand Reforming Military Retirement July 2015
Rand Reforming Military Retirement July 2015Rand Reforming Military Retirement July 2015
Rand Reforming Military Retirement July 2015Tom "Blad" Lindblad
 
Aon International Schools Risk Report 2015 (2)
Aon International Schools Risk Report 2015 (2)Aon International Schools Risk Report 2015 (2)
Aon International Schools Risk Report 2015 (2)Audrey Tan
 
Capstone Doctrine Eng
Capstone Doctrine EngCapstone Doctrine Eng
Capstone Doctrine Engguest44b8e8
 
[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...
[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...
[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...Dragoș Tuță
 

What's hot (17)

Identifying Special Needs Populations in Hazard Zones
Identifying Special Needs Populations in Hazard ZonesIdentifying Special Needs Populations in Hazard Zones
Identifying Special Needs Populations in Hazard Zones
 
Harnessing io t-global-development
Harnessing io t-global-developmentHarnessing io t-global-development
Harnessing io t-global-development
 
Model Sign Ordinance
Model Sign OrdinanceModel Sign Ordinance
Model Sign Ordinance
 
Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...
Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...
Tecnología para la acción climática en América Latina y el Caribe. Cómo las s...
 
Resource kit on indigenous peoples' issues
Resource kit on indigenous peoples' issuesResource kit on indigenous peoples' issues
Resource kit on indigenous peoples' issues
 
Wills estates book two final final final
Wills  estates book two final final finalWills  estates book two final final final
Wills estates book two final final final
 
Standards of review on criminal proceedings 9th circuit 178-pages
Standards of review on criminal proceedings   9th circuit   178-pagesStandards of review on criminal proceedings   9th circuit   178-pages
Standards of review on criminal proceedings 9th circuit 178-pages
 
How creativity-works-in-the-brain-report
How creativity-works-in-the-brain-reportHow creativity-works-in-the-brain-report
How creativity-works-in-the-brain-report
 
ual 2007 Proxy Statement
ual 2007 Proxy Statementual 2007 Proxy Statement
ual 2007 Proxy Statement
 
Video and Storytelling
Video and StorytellingVideo and Storytelling
Video and Storytelling
 
Men in Families and Family Policy in a Changing World
Men in Families and Family Policy in a Changing WorldMen in Families and Family Policy in a Changing World
Men in Families and Family Policy in a Changing World
 
Financing for development Post 2015
Financing for development Post 2015Financing for development Post 2015
Financing for development Post 2015
 
Rand Reforming Military Retirement July 2015
Rand Reforming Military Retirement July 2015Rand Reforming Military Retirement July 2015
Rand Reforming Military Retirement July 2015
 
Aon International Schools Risk Report 2015 (2)
Aon International Schools Risk Report 2015 (2)Aon International Schools Risk Report 2015 (2)
Aon International Schools Risk Report 2015 (2)
 
Rand rr4322
Rand rr4322Rand rr4322
Rand rr4322
 
Capstone Doctrine Eng
Capstone Doctrine EngCapstone Doctrine Eng
Capstone Doctrine Eng
 
[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...
[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...
[Full Report] Barriers and Opportunities at the Base of the Pyramid - The Rol...
 

Viewers also liked

Lesley Irving-Women in education and employment-the Scottish context
Lesley Irving-Women in education and employment-the Scottish contextLesley Irving-Women in education and employment-the Scottish context
Lesley Irving-Women in education and employment-the Scottish contextScotland Malawi Partnership
 
Why Gender Equality Matters in Business & Leadership
Why Gender Equality Matters in Business & LeadershipWhy Gender Equality Matters in Business & Leadership
Why Gender Equality Matters in Business & LeadershipOlwen Dawe
 
Kingdom of Morocco: Governmental plan for gender equality (2012-2016)
Kingdom of Morocco: Governmental plan for gender equality (2012-2016)Kingdom of Morocco: Governmental plan for gender equality (2012-2016)
Kingdom of Morocco: Governmental plan for gender equality (2012-2016)Gobernabilidad
 
Making of Modern Britain Women and equality
Making of Modern Britain Women and equalityMaking of Modern Britain Women and equality
Making of Modern Britain Women and equalityNeilCharlesGardner
 
Building a Notion of Equality: Thoughts on Women, Work and Welfare
 Building a Notion of Equality: Thoughts on Women, Work and Welfare Building a Notion of Equality: Thoughts on Women, Work and Welfare
Building a Notion of Equality: Thoughts on Women, Work and WelfareEconomic Research Forum
 
Gender equality in_education
Gender equality in_educationGender equality in_education
Gender equality in_educationdilip kumar
 
Women in today’s society
Women in today’s societyWomen in today’s society
Women in today’s societydesiree scott
 
Let us make the Shifthappen/Gender equality and status of women in India & Wo...
Let us make the Shifthappen/Gender equality and status of women in India & Wo...Let us make the Shifthappen/Gender equality and status of women in India & Wo...
Let us make the Shifthappen/Gender equality and status of women in India & Wo...anu partha
 
A brief presentation on Gender Equality in Education : Strategies and Achiev...
A brief presentation on Gender Equality in Education : Strategies and Achiev...A brief presentation on Gender Equality in Education : Strategies and Achiev...
A brief presentation on Gender Equality in Education : Strategies and Achiev...laxman sharma
 
The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence
The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence
The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence EduSkills OECD
 

Viewers also liked (11)

Lesley Irving-Women in education and employment-the Scottish context
Lesley Irving-Women in education and employment-the Scottish contextLesley Irving-Women in education and employment-the Scottish context
Lesley Irving-Women in education and employment-the Scottish context
 
Why Gender Equality Matters in Business & Leadership
Why Gender Equality Matters in Business & LeadershipWhy Gender Equality Matters in Business & Leadership
Why Gender Equality Matters in Business & Leadership
 
Kingdom of Morocco: Governmental plan for gender equality (2012-2016)
Kingdom of Morocco: Governmental plan for gender equality (2012-2016)Kingdom of Morocco: Governmental plan for gender equality (2012-2016)
Kingdom of Morocco: Governmental plan for gender equality (2012-2016)
 
Making of Modern Britain Women and equality
Making of Modern Britain Women and equalityMaking of Modern Britain Women and equality
Making of Modern Britain Women and equality
 
International Women's Day 2014
International Women's Day 2014International Women's Day 2014
International Women's Day 2014
 
Building a Notion of Equality: Thoughts on Women, Work and Welfare
 Building a Notion of Equality: Thoughts on Women, Work and Welfare Building a Notion of Equality: Thoughts on Women, Work and Welfare
Building a Notion of Equality: Thoughts on Women, Work and Welfare
 
Gender equality in_education
Gender equality in_educationGender equality in_education
Gender equality in_education
 
Women in today’s society
Women in today’s societyWomen in today’s society
Women in today’s society
 
Let us make the Shifthappen/Gender equality and status of women in India & Wo...
Let us make the Shifthappen/Gender equality and status of women in India & Wo...Let us make the Shifthappen/Gender equality and status of women in India & Wo...
Let us make the Shifthappen/Gender equality and status of women in India & Wo...
 
A brief presentation on Gender Equality in Education : Strategies and Achiev...
A brief presentation on Gender Equality in Education : Strategies and Achiev...A brief presentation on Gender Equality in Education : Strategies and Achiev...
A brief presentation on Gender Equality in Education : Strategies and Achiev...
 
The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence
The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence
The ABC of Gender Equality in Education - Aptitude, Behaviour, Confidence
 

Similar to Equality At Work The Contimuing Challenge

COPS DEC Guide 2 - Printed Version
COPS DEC Guide 2 - Printed VersionCOPS DEC Guide 2 - Printed Version
COPS DEC Guide 2 - Printed VersionEric Nation
 
2011 Data Breach Investigations[1]
2011 Data Breach Investigations[1]2011 Data Breach Investigations[1]
2011 Data Breach Investigations[1]ianweed
 
2010 Data Breach Report En Xg
2010 Data Breach Report En Xg2010 Data Breach Report En Xg
2010 Data Breach Report En Xghagestadwt
 
The European Union and the Right to Community Living
The European Union and the  Right to Community LivingThe European Union and the  Right to Community Living
The European Union and the Right to Community LivingScott Rains
 
2014 GSACPC Cookie Manual
2014 GSACPC Cookie Manual2014 GSACPC Cookie Manual
2014 GSACPC Cookie Manualfivepenny
 
What Every CISO Needs to Know About Cyber Insurance
What Every CISO Needs to Know About Cyber InsuranceWhat Every CISO Needs to Know About Cyber Insurance
What Every CISO Needs to Know About Cyber InsuranceSymantec
 
201306 bis-informe anual
201306 bis-informe anual201306 bis-informe anual
201306 bis-informe anualManfredNolte
 
The role of banks in financing the agriculture and livestock sectors - Sept 2016
The role of banks in financing the agriculture and livestock sectors - Sept 2016The role of banks in financing the agriculture and livestock sectors - Sept 2016
The role of banks in financing the agriculture and livestock sectors - Sept 2016Vipul Arora
 
Sustainability and Corporate Responsibility Report 2015
Sustainability and Corporate Responsibility Report 2015Sustainability and Corporate Responsibility Report 2015
Sustainability and Corporate Responsibility Report 2015Ericsson
 
The519_CreatingAuthenticSpaces_AODA
The519_CreatingAuthenticSpaces_AODAThe519_CreatingAuthenticSpaces_AODA
The519_CreatingAuthenticSpaces_AODANichola (Nicki) Ward
 
How To Legally Beat Debt Collectors
How To Legally Beat Debt CollectorsHow To Legally Beat Debt Collectors
How To Legally Beat Debt Collectorslegalservices
 
Legal Approaches Of Purposes The Case Of Independent Agencies
Legal Approaches Of Purposes The Case Of Independent AgenciesLegal Approaches Of Purposes The Case Of Independent Agencies
Legal Approaches Of Purposes The Case Of Independent Agencieslegalinfo
 
1877 Treatise On The Office Of Notary Public Legal Forms
1877 Treatise On The Office Of Notary Public   Legal Forms1877 Treatise On The Office Of Notary Public   Legal Forms
1877 Treatise On The Office Of Notary Public Legal Formslegalservices
 
Legal Corporate Drafting (India)
Legal Corporate Drafting (India)Legal Corporate Drafting (India)
Legal Corporate Drafting (India)legalinfo
 
Enabling the Data Revolution
Enabling  the Data RevolutionEnabling  the Data Revolution
Enabling the Data RevolutionTeo Krawczyk
 
Assessing Public Participation in an Open Government Era
Assessing Public Participation in an Open Government EraAssessing Public Participation in an Open Government Era
Assessing Public Participation in an Open Government EraAmericaSpeaks
 
Ealy Warning Report, nr.1, July-October 2009
Ealy Warning Report, nr.1, July-October 2009 Ealy Warning Report, nr.1, July-October 2009
Ealy Warning Report, nr.1, July-October 2009 IDIS Viitorul
 

Similar to Equality At Work The Contimuing Challenge (20)

Navigating International Meetings: A pocketbook guide to effective youth part...
Navigating International Meetings: A pocketbook guide to effective youth part...Navigating International Meetings: A pocketbook guide to effective youth part...
Navigating International Meetings: A pocketbook guide to effective youth part...
 
COPS DEC Guide 2 - Printed Version
COPS DEC Guide 2 - Printed VersionCOPS DEC Guide 2 - Printed Version
COPS DEC Guide 2 - Printed Version
 
2011 Data Breach Investigations[1]
2011 Data Breach Investigations[1]2011 Data Breach Investigations[1]
2011 Data Breach Investigations[1]
 
2010 Data Breach Report En Xg
2010 Data Breach Report En Xg2010 Data Breach Report En Xg
2010 Data Breach Report En Xg
 
SMES-Publication UK
SMES-Publication UKSMES-Publication UK
SMES-Publication UK
 
The European Union and the Right to Community Living
The European Union and the  Right to Community LivingThe European Union and the  Right to Community Living
The European Union and the Right to Community Living
 
2014 GSACPC Cookie Manual
2014 GSACPC Cookie Manual2014 GSACPC Cookie Manual
2014 GSACPC Cookie Manual
 
What Every CISO Needs to Know About Cyber Insurance
What Every CISO Needs to Know About Cyber InsuranceWhat Every CISO Needs to Know About Cyber Insurance
What Every CISO Needs to Know About Cyber Insurance
 
201306 bis-informe anual
201306 bis-informe anual201306 bis-informe anual
201306 bis-informe anual
 
The role of banks in financing the agriculture and livestock sectors - Sept 2016
The role of banks in financing the agriculture and livestock sectors - Sept 2016The role of banks in financing the agriculture and livestock sectors - Sept 2016
The role of banks in financing the agriculture and livestock sectors - Sept 2016
 
Sustainability and Corporate Responsibility Report 2015
Sustainability and Corporate Responsibility Report 2015Sustainability and Corporate Responsibility Report 2015
Sustainability and Corporate Responsibility Report 2015
 
The519_CreatingAuthenticSpaces_AODA
The519_CreatingAuthenticSpaces_AODAThe519_CreatingAuthenticSpaces_AODA
The519_CreatingAuthenticSpaces_AODA
 
How To Legally Beat Debt Collectors
How To Legally Beat Debt CollectorsHow To Legally Beat Debt Collectors
How To Legally Beat Debt Collectors
 
Legal Approaches Of Purposes The Case Of Independent Agencies
Legal Approaches Of Purposes The Case Of Independent AgenciesLegal Approaches Of Purposes The Case Of Independent Agencies
Legal Approaches Of Purposes The Case Of Independent Agencies
 
1877 Treatise On The Office Of Notary Public Legal Forms
1877 Treatise On The Office Of Notary Public   Legal Forms1877 Treatise On The Office Of Notary Public   Legal Forms
1877 Treatise On The Office Of Notary Public Legal Forms
 
Legal Corporate Drafting (India)
Legal Corporate Drafting (India)Legal Corporate Drafting (India)
Legal Corporate Drafting (India)
 
Enabling the Data Revolution
Enabling  the Data RevolutionEnabling  the Data Revolution
Enabling the Data Revolution
 
Assessing Public Participation in an Open Government Era
Assessing Public Participation in an Open Government EraAssessing Public Participation in an Open Government Era
Assessing Public Participation in an Open Government Era
 
Ealy Warning Report, nr.1, July-October 2009
Ealy Warning Report, nr.1, July-October 2009 Ealy Warning Report, nr.1, July-October 2009
Ealy Warning Report, nr.1, July-October 2009
 
Canada's State of Trade - Trade & Investment Update 2011 [DFAIT]
Canada's State of Trade - Trade & Investment Update 2011 [DFAIT]Canada's State of Trade - Trade & Investment Update 2011 [DFAIT]
Canada's State of Trade - Trade & Investment Update 2011 [DFAIT]
 

More from Lakesia Wright

Social Media Policy And Work
Social Media Policy  And WorkSocial Media Policy  And Work
Social Media Policy And WorkLakesia Wright
 
Talent Management Principles In Performance Management
Talent Management Principles In Performance ManagementTalent Management Principles In Performance Management
Talent Management Principles In Performance ManagementLakesia Wright
 
Customer Service Relationship Marketing Strategies
Customer Service Relationship Marketing StrategiesCustomer Service Relationship Marketing Strategies
Customer Service Relationship Marketing StrategiesLakesia Wright
 
Banking Survival Strategies
Banking Survival StrategiesBanking Survival Strategies
Banking Survival StrategiesLakesia Wright
 
White Paper Unbanked Remittance 2
White Paper Unbanked Remittance 2White Paper Unbanked Remittance 2
White Paper Unbanked Remittance 2Lakesia Wright
 
What Are The Different Franchise Types
What Are The Different Franchise TypesWhat Are The Different Franchise Types
What Are The Different Franchise TypesLakesia Wright
 
Standard Operating Procedure For Hotels
Standard Operating Procedure For HotelsStandard Operating Procedure For Hotels
Standard Operating Procedure For HotelsLakesia Wright
 
Service Quality To Service Loyalty
Service Quality To Service LoyaltyService Quality To Service Loyalty
Service Quality To Service LoyaltyLakesia Wright
 
Service Marketing Secret
Service Marketing SecretService Marketing Secret
Service Marketing SecretLakesia Wright
 
Small Business Plan Template
Small Business Plan TemplateSmall Business Plan Template
Small Business Plan TemplateLakesia Wright
 
Spending And Savings Worksheet
Spending And Savings WorksheetSpending And Savings Worksheet
Spending And Savings WorksheetLakesia Wright
 
Sales Leadership Linking Sales Strategy To Sales Results
Sales Leadership Linking Sales Strategy To Sales ResultsSales Leadership Linking Sales Strategy To Sales Results
Sales Leadership Linking Sales Strategy To Sales ResultsLakesia Wright
 
Marketing Trade And Consumer Goods
Marketing Trade And Consumer GoodsMarketing Trade And Consumer Goods
Marketing Trade And Consumer GoodsLakesia Wright
 
Managing Sales In A Virtual World
Managing Sales In A Virtual WorldManaging Sales In A Virtual World
Managing Sales In A Virtual WorldLakesia Wright
 
Introduction To Hotel Management
Introduction To Hotel ManagementIntroduction To Hotel Management
Introduction To Hotel ManagementLakesia Wright
 

More from Lakesia Wright (20)

Social Media Policy And Work
Social Media Policy  And WorkSocial Media Policy  And Work
Social Media Policy And Work
 
Talent Management Principles In Performance Management
Talent Management Principles In Performance ManagementTalent Management Principles In Performance Management
Talent Management Principles In Performance Management
 
Customer Service Relationship Marketing Strategies
Customer Service Relationship Marketing StrategiesCustomer Service Relationship Marketing Strategies
Customer Service Relationship Marketing Strategies
 
Banking Survival Strategies
Banking Survival StrategiesBanking Survival Strategies
Banking Survival Strategies
 
History Of Jamaica
History Of JamaicaHistory Of Jamaica
History Of Jamaica
 
Valuechain
ValuechainValuechain
Valuechain
 
White Paper Unbanked Remittance 2
White Paper Unbanked Remittance 2White Paper Unbanked Remittance 2
White Paper Unbanked Remittance 2
 
What Are The Different Franchise Types
What Are The Different Franchise TypesWhat Are The Different Franchise Types
What Are The Different Franchise Types
 
Food Distributions
Food DistributionsFood Distributions
Food Distributions
 
Tourism Distribution
Tourism DistributionTourism Distribution
Tourism Distribution
 
Standard Operating Procedure For Hotels
Standard Operating Procedure For HotelsStandard Operating Procedure For Hotels
Standard Operating Procedure For Hotels
 
Service Quality
Service QualityService Quality
Service Quality
 
Service Quality To Service Loyalty
Service Quality To Service LoyaltyService Quality To Service Loyalty
Service Quality To Service Loyalty
 
Service Marketing Secret
Service Marketing SecretService Marketing Secret
Service Marketing Secret
 
Small Business Plan Template
Small Business Plan TemplateSmall Business Plan Template
Small Business Plan Template
 
Spending And Savings Worksheet
Spending And Savings WorksheetSpending And Savings Worksheet
Spending And Savings Worksheet
 
Sales Leadership Linking Sales Strategy To Sales Results
Sales Leadership Linking Sales Strategy To Sales ResultsSales Leadership Linking Sales Strategy To Sales Results
Sales Leadership Linking Sales Strategy To Sales Results
 
Marketing Trade And Consumer Goods
Marketing Trade And Consumer GoodsMarketing Trade And Consumer Goods
Marketing Trade And Consumer Goods
 
Managing Sales In A Virtual World
Managing Sales In A Virtual WorldManaging Sales In A Virtual World
Managing Sales In A Virtual World
 
Introduction To Hotel Management
Introduction To Hotel ManagementIntroduction To Hotel Management
Introduction To Hotel Management
 

Equality At Work The Contimuing Challenge

  • 1. REPORT OF THE DIRECTOR-GENERAL Equality at work: The continuing challenge Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work INTERNATIONAL LABOUR CONFERENCE 100th Session 2011 Report I(B) INTERNATIONAL LABOUR OFFICE GENEVA
  • 2. This Report may also be consulted on the ILO website (www.ilo.org/declaration). ISBN 978-92-2-123091-5 (print) ISBN 978-92-2-123092-2 (web PDF) ISSN 0074-6681 First published 2011 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of mater ial therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org. Visit our web site: www.ilo.org/publns. Photocomposed in Switzerland WEI Printed in Switzerland SRO
  • 3. Contents Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix List of abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xvii Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Part I. An evolving picture: Capturing the trends . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The impact of the global economic crisis on non-discrimination in employment and occupation . 5 Impact on migrant workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The crisis and women workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Poverty and discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Responding to the crisis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Stimulus packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Preventing harmful effects of fiscal consolidation . . . . . . . . . . . . . . . . . . . . . . . . 10 Institutional capacity to deal with non-discrimination . . . . . . . . . . . . . . . . . . . . . . . 11 Monitoring the impact of policies and measures . . . . . . . . . . . . . . . . . . . . . . . . 12 Measuring discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Recent legal developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Ratification of core Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Legislative trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Remaining challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Discrimination based on multiple grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Addressing multiple discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part II. From principles to practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Discrimination based on sex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Promoting gender equality through gender mainstreaming . . . . . . . . . . . . . . . . . . . 19 Affirmative action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Persistence in gender pay gaps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Means to narrow the gender pay gap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Maternity and paternity status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Balancing work and family responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Girls’ access to education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Legislation on marital status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 v
  • 4. EqUALITy AT WORk: THE CONTINUING CHALLENGE Complaints of sexual harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Discrimination based on race and ethnicity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Alarming trends worldwide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Little progress for people of African descent . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Indigenous peoples: The case of Latin America . . . . . . . . . . . . . . . . . . . . . . . . . 31 Policies and measures targeting indigenous peoples . . . . . . . . . . . . . . . . . . . . . . . 32 Europe and the Roma people . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Discrimination based on nationality and the case of migrant workers . . . . . . . . . . . . . . . 34 Manifestations of discrimination in employment . . . . . . . . . . . . . . . . . . . . . . . . 35 Working conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Measures aimed at limiting migration and expelling migrant workers . . . . . . . . . . . . . 36 Integration versus assimilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Xenophobia and violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Limited awareness of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Legal developments and proactive measures . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Diversity policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Discrimination based on religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Increasing visibility of religious discrimination . . . . . . . . . . . . . . . . . . . . . . . . . 40 Manifestation of religion in the workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Freedom not to disclose one’s religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Managing a religiously diverse workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Discrimination based on political opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Legislative measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Discrimination based on social origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Caste-based discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Legislative and policy developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Discrimination based on HIV status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Marginalization of persons living with HIV and AIDS . . . . . . . . . . . . . . . . . . . . . 45 HIV testing and screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Recent legal developments and remaining gaps . . . . . . . . . . . . . . . . . . . . . . . . . 46 Role of the social partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Discrimination based on disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Pervasive inequalities in employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Limited access to education and vocational training . . . . . . . . . . . . . . . . . . . . . . 47 Failure to provide reasonable accommodation . . . . . . . . . . . . . . . . . . . . . . . . . 47 Recent efforts to provide adequate legal protection . . . . . . . . . . . . . . . . . . . . . . . 48 Enhancing the employability of persons with disabilities . . . . . . . . . . . . . . . . . . . . 48 Discrimination based on age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 An increase in age-related complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Measures to achieve equality for older workers . . . . . . . . . . . . . . . . . . . . . . . . . 49 The situation of younger workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Discrimination based on sexual orientation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Progress on anti-discrimination measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Trade unions taking action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Discrimination based on genetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Legislative developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Discrimination based on lifestyle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Discrimination based on body weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Discrimination based on smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 vi
  • 5. CONTENTS Part III. The ILO’s response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Decent work for all . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Promoting action on non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Better design and enforcement of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Gender equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Equal remuneration for men and women . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Reconciling work and family responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Equality with respect to race and ethnicity . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Protecting migrant workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Equal opportunities for persons with disabilities . . . . . . . . . . . . . . . . . . . . . . . . 65 Age discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Part IV. Towards an action plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Promoting the relevant ILO instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Developing and sharing knowledge on the elimination of discrimination in employment and occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Developing the institutional capacity of ILO constituents to effectively implement non-discrimination at work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Strengthening international partnerships with major international actors on equality . . . . . . . 69 vii
  • 6.
  • 7. Executive summary T he global economic and financial crisis, which has predictably turned into a major employment crisis, forms the background to the third Global discrimination. Attitudes are influenced, and it be- comes more difficult to strengthen policies and legis- lation against discrimination. Discrimination occurs Report on discrimination. The aim of the Report is as a result of actions by employers, national legis- to provide a dynamic picture of trends over the last lation and practice, social and cultural factors, and four years and present some findings, conclusions different perceptions of the causes of economic and and recommendations for future action by the ILO social troubles. And yet, the link between non-dis- and its constituents. crimination and social stability is particularly im- This Report contains both good and bad news portant at a time of economic adversity. about recent worldwide trends regarding discrimin- Different economies and sectors of the economy ation in employment and occupation. On the posi- have been affected in different ways. Workers in tive side, there is more legislation, there are more more stable employment relationships are naturally institutional initiatives, and, in general, a growing less affected by the crisis than those in temporary or awareness of the need to overcome discrimination precarious employment. The risk is especially acute at work. However, capacity does not keep pace with for the low-skilled, older and migrant workers, as the political will, and a prolonged economic down- well as those workers – including university gradu- turn exposes structural weaknesses and even aggra- ates – who are looking for their first job. vates structural discrimination. Furthermore, the The employment of women has been seriously agenda of discrimination at work is continuously di- affected in several countries by the impact of the versifying, and new challenges arise where old ones crisis on export sectors. Earlier downturns have re- remain at best only partially answered. vealed a similar impact on the employment and income of women as many have been pushed into in- formal employment. Despite this, in many developed Weathering the effects of the global crisis market economy countries the crisis has not had a disproportionate impact on women’s employment This Report shows that discrimination continues to that could be attributed to discrimination. It is also be persistent and multifaceted. A major area of con- too early to draw conclusions from available data on cern is access to jobs. The proportion of workers who the wage gap, and the trends so far discerned appear are vulnerable to poverty is on the increase again, to be contradictory. What is clear is that institutional reversing the positive trends noted over the last few solutions, such as equal remuneration mechanisms, years. Discrimination has also become more varied, are helpful at least for those in employment whose and discrimination on multiple grounds is becoming jobs are not immediately threatened. the rule rather than the exception. Such trends have Measures that have been adopted in order to been witnessed by equality bodies, which have re- mitigate the effects of the crisis, in particular aus- ceived an increased number of complaints of work- terity packages, have on occasion indirectly and place discrimination. inadvertently increased discrimination against cer- In times of crisis, inequality, insecurity and the tain groups of workers. Growth and unemployment danger of exclusion are fed by direct or indirect concerns are naturally important, and concerns ix
  • 8. EqUALITy AT WORk: THE CONTINUING CHALLENGE about discrimination can easily take second place new policies for continual training for older workers to short-term economic and employment policies or and quotas for women in managerial positions. Such budgetary decisions which affect both public and policies have been implemented at the enterprise and private institutions dealing with discrimination. national levels. In many developing countries, transfer pro- R at i f ic at ion s of t he t wo f u nd a ment a l grammes that are targeted at the poor provide Conventions in this area – the Equal Remuneration income support on condition that children attend Convention, 1951 (No. 100), and the Discrimination school and that they and their parents visit health (Employment and Occupation) Convention, 1958 centres. These measures may, however, have only a (No. 111) – stand at 168 and 169 respectively, out of limited impact on poverty reduction if they do not a total of 183 ILO member States. That makes them also address factors of economic vulnerability such as the fifth and fourth most ratified ILO Conventions. ethnic, racial and gender discrimination. When ratification levels are over 90 per cent, the The fundamental right of non-discrimination in target of universal ratification is attainable. employment and occupation for all women and men New ombudsman offices dealing specifically needs to be at the core of policies for recovery and with discrimination on several grounds have been of action to reduce poverty in order to achieve more established in six European countries. Enforcement sustainable growth and fairer societies. The right mechanisms include effective labour inspectorates, response includes legislation, institution building, specialist courts or ombudsman authorities, ade- awareness raising, voluntary action by the social part- quate protection against victimization, the avail- ners, and a change in attitudes through education. ability of effective remedies, and a fair allocation of the burden of proof. They also call for adequate awareness of rights on the part of workers who may The good news: Trends in anti-discrimination suffer discrimination – which means all workers – as legislation and policies well as readily accessible complaints procedures. In many countries, equality bodies have significantly In spite of the crisis and the prevailing policy envir- contributed to a better implementation of laws and onment, there have continued to be positive advances policies against discrimination at work; in others, in anti-discrimination legislation and policies. These they have faced serious constraints in fulfilling their concern both the amount and the content of new mandate. legislation. Thus, in the middle of a hardening global climate, laws on equality and non-discrimination at work cover an increasingly broad set of grounds for The bad news: Capacity constraints discrimination and stipulate more comprehensive protection. Having laws and institutions to prevent discrimin- For instance, rapid advances have been made ation at work and offer remedies is not enough; with legislation to prohibit discrimination on the keeping them functioning effectively is a challenge, basis of disability and age. Race and sex continue to especially in troubled times. Many of the institutions be the two grounds of discrimination which are spe- are faced with a shortage of human and financial cifically included in almost all legislation for equality resources, inadequate policy coherence at the na- and against discrimination at work. However, less tional and local levels, and insufficient synergy and progress has been made in obtaining explicit mention cooperation with other relevant institutions. Labour of other grounds for discrimination, such as national inspectors, judges, public officials and other compe- extraction, social origin and political opinion. tent authorities encounter a lack of knowledge and In Europe, anti-discrimination legislation has inadequate institutional capacity when they attempt been consolidated, and definitions of discrimination to identify and address discrimination cases. This and the allocation of the burden of proof have been prevents victims of discrimination from submitting brought into line with European Union directives. their claims successfully. Around the world, new laws have been introduced or During economic downturns, there is a tendency existing legislation amended to eliminate discrimin- to give lower priority to policies that are targeted ation based on age, maternity and marital status, dis- against discrimination and promote awareness of abilities, lifestyle and genetic predisposition. Existing workers’ rights. Austerity measures and cutbacks in legislation has been complemented by family-friendly the budgets of labour administrations and inspection policies relating, for example, to parental leave, ma- services, and in funds available to specialized bodies ternity protection and breastfeeding, as well as other dealing with non-discrimination and equality, can x
  • 9. EXECUTIVE SUMMARy seriously compromise the ability of existing institu- Flexible and negotiated arrangements on working tions to prevent the economic crisis from generating schedules, job sharing and teleworking are gradu- more discrimination and more inequalities. ally being introduced as an element of more family- The value of available data is often limited be- friendly policies, which can reduce the structural cause of differences in definitions of discrimination disadvantages experienced by workers with family at work in different countries. Data are typically responsibilities. collected through ad hoc research or situation tests, but seldom in a systematic way. In particular, inter- national comparisons are at best scant and sketchy. Maternity and paternity protection The lack of reliable data makes it difficult to monitor and assess the impact of measures that have Discrimination related to pregnancy and maternity been taken. If statistics are meagre or unreliable, the is still common. The access of women to certain jobs extent of discriminatory practices will remain largely can be restricted on the basis of their reproductive unknown. Among the serious capacity constraints role. Several equality bodies worldwide have even wit- is an inadequate commitment by governments to nessed increased discrimination against women on put into place human, technical and financial re- grounds of maternity. Specific cases concern dismissals sources to improve data collection at the national for pregnancy and nursing, failure to grant time for level. Taking this important but complex first step nursing, withholding of pre- and postnatal benefits, will significantly contribute to the identification of denial of promotion, and refusal to allow workers to problems and the measures needed to tackle them. return to posts occupied before maternity leave. At the same time, new legal provisions are being introduced to protect women against dismissal and Gender equality discrimination due to pregnancy, marital status, family responsibilities or maternity leave. Many Significant progress has been made in recent decades countries provide women with paid leave if they have in advancing gender equality in the world of work. a miscarriage or stillbirth or suffer from some other National policies and legislative frameworks have im- abnormal condition. There are increasing provisions proved, but major challenges remain. Women con- for paternity leave. However, groups such as part- tinue to suffer discrimination in terms of the jobs time workers or those in export processing zones may available to them, their remuneration, benefits and not be able to benefit from such improvements. working conditions, and access to decision-making positions. Recent data show that 829 million women live in poverty worldwide, while the equivalent figure Sexual harassment for men is 522 million. Women’s wages are on average 70–90 per cent Sexual harassment occurs on every continent and in of men’s. The gender pay gap still exists despite ad- different types and categories of occupations. Surveys vances in education, and women continue to be show that it is a significant problem in workplaces. over-represented in low-income jobs. A significant Women who are most vulnerable to sexual harass- proportion of this pay gap is explained by occupa- ment are young, financially dependent, single or tional and sectoral segregation. divorced, and migrants. Men who experience harass- ment tend to be young, gay and members of ethnic or racial minorities. Experiences in many countries Reconciling work and family responsibilities have shown that effective action against sexual har- assment in the workplace requires a combination of The availability of affordable childcare facilities out- legal frameworks, stronger enforcement, adequately side the family is a precondition for many women funded institutions and greater awareness. and men to engage fully in working life and earn their living. A lack of such services places workers with family responsibilities at a disadvantage and Race and ethnicity reduces the range of jobs accessible to them. The lack of adequate paid leave can also render sectors In line with previous Global Reports on discrimin- of the labour market inaccessible or unattractive for ation at work, it is important to emphasize that the workers with family responsibilities. These are eve- need to combat racism is as relevant today as it ever ryday examples of structural discrimination. was. Although some progress has been made, there xi
  • 10. EqUALITy AT WORk: THE CONTINUING CHALLENGE are still many areas where achievements are lacking create a job-rich recovery; and an active role for em- or insufficient. What is called for is a mix of legal, ployers’ and workers’ organizations in leading debate policy and other instruments, including guaranteed and action in the right direction and ensuring that access to effective remedies for all victims. Barriers racism and violence remain unacceptable. impeding equal access to the labour market need to be dismantled. This concerns, in particular, people of African and Asian descent, indigenous peoples Religion and ethnic minorities, and above all women within these groups. Labelling certain groups in a stereo- Over the last four years, there appears to have been a typical way can have a significant damaging effect. rise in the number of women and men experiencing discrimination on religious grounds. This trend is reflected in the number of cases of religious dis- Migrant workers crimination referred to equality commissions. Where systemic religious discrimination exists, it usually In many countries migrant workers make up 8 to concerns all aspects of life and is not limited to em- 20 per cent of the labour force, and in certain regions ployment and occupation. Nevertheless, over the the figure is significantly higher. Research shows last four years, religious discrimination in employ- consistently that they face widespread pervasive dis- ment appears to have increased and is combined with crimination in access to employment, and many en- anxieties over labour migration in a context of eco- counter discrimination when employed. Migrant nomic and social insecurity. workers have also been particularly affected by the economic crisis, with reduced employment or migra- tion opportunities and increased xenophobia, a de- Political opinion terioration in working conditions and even violence. Unfair working conditions are faced by migrants in The right to hold and express political opinions both developed and developing countries. is inextricably linked to freedom of expression. Some countries exclude migrant workers from Discrimination on the basis of political opinion tends social insurance programmes. Others only allow access to take place in the public sector, where loyalty to the for migrants to short-term programmes, such as health policies of the authorities in power can be a factor in care, but deny them long-term portable benefits such access to employment. In some countries legislation as old-age pensions. Countries may allow access to requires that job applicants satisfy certain political long-term benefits but not permit portability between prerequisites in order to have access to public service countries, which in turn discourages return migration. jobs. However, individual complaints relating to ter- In some cases, discriminatory tendencies have re- mination of employment can be difficult to prove. cently been aggravated by hostile political discourse, Some political parties are closely linked with and there is a risk that this may lead to exclusion, re- an ethnic, linguistic or religious identity. In such jection and expulsion of migrant workers. Social ten- cases any discrimination based on political opinion sions and hardening attitudes towards migrants – as may coincide with discrimination on other grounds. with any social group – can result in systematic and Discrimination on grounds of political opinion may widespread discrimination. Populist policies can also be combined with anti-union discrimination. foster greater xenophobia and discrimination di- This typically involves trade union members being ac- rected towards migrants. cused of engaging in unacceptable political activities. There is a need for prompt and comprehensive responses to emerging trends in discourse and policies which can harm existing and future efforts to ensure Social origin equality of treatment and employment opportunities for all. With increased economic insecurity for the Discrimination on the basis of social origin persists entire population, minorities and foreign or foreign- where rigid social stratification prevails. One example born workers run the risk of becoming scapegoats. of this is caste-based discrimination in South Asia. The remedies needed include strengthening anti- Even in open societies, where social mobility is more discriminatory measures that have been identified by common, there are large differences in educational the United Nations conferences; attention to political attainment. Such differences undermine equality of rhetoric to avoid stigmatization and xenophobic acts; opportunity in employment and advancement for macro- and microeconomic policies to maintain and various social categories. xii
  • 11. EXECUTIVE SUMMARy Persons with disabilities Age discrimination Work-related discrimination against persons with Countries are increasingly making efforts to enact disabilities ranges from limited access to education, legislation against discrimination on the basis of age. vocational training and rehabilitation, to marked dif- Awareness of age discrimination appears to have in- ferences in wages between workers with disabilities creased. According to a survey carried out by the and the rest of the workforce as well as exclusion European Commission in November 2009, 58 per from certain jobs. About 10 per cent of the world’s cent of Europeans considered that age discrimin- population, or some 650 million people, suffer from ation was widespread in their country, compared physical, sensory, intellectual or mental impairments with 42 per cent the year before. A total of 64 per of one form or another, and over 470 million of these cent of those surveyed expected that the economic are of working age. Available statistics show that crisis would lead to more age discrimination in the their employment rate is low compared with non- labour market. disabled persons. Legislation as well as policies at the national and The United Nations estimates that 80 per cent enterprise levels can play a major role in overcoming of persons with disabilities in developing coun- stereotypes concerning older workers. A number of tries live in poverty, many of them in rural areas. countries have carried out large-scale government- According to the World Bank, 20 per cent of the sponsored information campaigns to overcome the world’s poor suffer from some form of disability. An reluctance to retain and hire older workers. important advancement in terms of disability legis- As for young people, their difficulties in the lation was the entry into force in 2008 of the United labour market cannot all be attributed to discrimin- Nations Convention on the Rights of Persons with ation, although they do face hurdles to employment. Disabilities. As recent developments have shown, this can be par- ticularly explosive in situations where young people are unable to find suitable employment after com- HIV/AIDS pleting their education or training. While this is more of a general economic and employment policy Since the majority of people living with HIV are em- question, it is important to avoid any unintended dis- ployed, the workplace remains a key arena for the criminatory measures when promoting jobs for the fight against the pandemic and its effects. Preventing growing number of young people who try to enter stigmatization and discrimination in employment is the labour market, whether they are coming from also a way of alleviating poverty and respecting the the “high end” of education systems or trying to human rights of all individuals. enter the labour market without qualifications. Discrimination against persons with HIV can take place through mandatory testing of workers, or testing under conditions which are not genuinely Sexual orientation voluntary or do not guarantee the confidentiality of test results. A study commissioned by the ILO in Violence, harassment, discrimination at work, exclu- East Asia revealed that some employers conducted sion, stigmatization and prejudice are sometimes faced tests which formally were voluntary but in prac- by lesbian, gay, bisexual and transgender persons in or tice denied employment to anyone who refused to seeking employment. Homosexuality remains crimi- participate. nalized in a number of countries. Some studies put In June 2010, the International Labour Conference the salary gap between gay and non-gay employees adopted the HIV and AIDS Recommendation, 2010 at 3 to 30 per cent. Same-sex partners do not always (No. 200). The new Recommendation is the first acquire the same benefits as married couples, and the international labour standard on HIV and AIDS. It right to include partners in health insurance plans and contains protections against discrimination in recruit- other work-related benefits may not be guaranteed. ment and terms and conditions of employment, and The European Union’s Charter of Fundamental prohibits termination of employment on the basis of Rights, which strengthens and expands the non-dis- real or perceived HIV status. crimination provisions of the Employment Equality Directive 2000/78/EC, is the first international human rights instrument to completely prohibit discrimin- ation based on sexual orientation. It entered into force with the ratification of the Lisbon Treaty in 2009. xiii
  • 12. EqUALITy AT WORk: THE CONTINUING CHALLENGE Lifestyle Action by the ILO In some regions and countries, discrimination based Over the last four years, several programmes on lifestyle has emerged as a topical issue, especially have been developed and activities implemented in relation to smoking and obesity (which could also at the global, regional and national levels. Non- be regarded as health issues). The issue is still concen- discrimination has been included as a priority in the trated around a limited number of mainly industrial- Decent Work Country Programmes (DWCPs) of 36 ized countries, and further monitoring and research countries. Particular attention has been paid to equal will certainly shed light on emerging patterns so that remuneration, the elimination of racial discrimin- appropriate guidance and interventions by govern- ation and better enforcement of legislation in general. ments and the social partners can be designed. Promoting the rights of vulnerable groups, such as workers with HIV/AIDS or disabilities and indi- genous peoples, are among the major areas of focus. Action by employers’ and workers’ Technical cooperation projects have included aware- organizations ness raising, capacity building, information gathering and sharing, research, and training. The emphasis Discrimination must be addressed at the national has been on providing advisory services and practical level, where governments need to act and political, materials for capacity development. legislative and administrative interventions and social With ILO support, more equality policies and dialogue are required to ensure equality at work. action plans have been adopted and implemented Action is also required at the workplace level, with at the national and workplace levels over the past the direct involvement of the social partners. Many four years. The work of bringing national legislation employers have successfully turned diversity into an into line with the relevant ILO Conventions has con- asset and promoted both productivity and innov- tinued. ILO tools have been used more regularly; ation, and human resources policies are increasingly judges have increasingly referred to ILO Conventions embracing considerations of non-discrimination. in their case reviews; and constituents are more aware Preventing discrimination in practice contrib- of their rights. utes to the retention of knowledgeable and high- performing staff. This is also important for the reputation of a company or establishment. A policy Looking ahead of non-discrimination sends a clear signal that re- cruitment decisions are based on the competencies This Global Report has tried to give a picture of required to do a job. This is a sound business decision both progress and shortcomings. There is a distinct that is also in the interests of workers. Employers’ and positive message that there is a growing system of workers’ organizations should share their experiences legislation and institutional arrangements which and study the available information on good practices would not have come about without an increased in this regard. level of general awareness and political acceptance The International Organisation of Employers of the need to combat discrimination at work. This (IOE) and its members have continued to support progress is rooted in the fundamental principles and efforts to combat discrimination at the workplace. rights at work and reflects a constant endeavour to They have provided leadership and advocacy, of- translate them into reality, to monitor them, and to fering practical guidance to national employers by enhance the collective and individual means of exer- drafting codes, promoting good practices, arranging cising these rights. training and providing guidance materials. Nevertheless, it has to be noted that by far the The International Trade Union Confederation biggest challenge to the effective realization of these (ITUC) gives priority to defending the rights of rights comes from the external economic and social workers who are most vulnerable to discrimination, context. This has been affected, in some places seri- including women, migrants, and racial or ethnic ously, both by adverse macroeconomic developments minorities, through its Decent Work Decent Life and by the effects of pervasive poverty and a lack Campaign. A new campaign, launched in 2008, fur- of sustainable growth. In a worst-case scenario, this ther promotes gender equality in national policies could threaten the achievements of several decades. on the basis of the Equal Remuneration Convention As we see in some current political discourse, in 1951, (No. 100). Altogether 102 trade unions from particular where populist solutions are advocated, 64 countries have participated in this campaign. economically adverse times open up new space for xiv
  • 13. EXECUTIVE SUMMARy discrimination in general, including discrimination universal ratification and application of the two at work. This tide will not be turned by ILO in- fundamental ILO Conventions on equality and terventions alone. The ILO’s constituents should non-discrimination; (b) development and sharing be playing a key role in strategic interventions that of knowledge on the elimination of discrimination maintain the shared will to advance the non-discrim- in employment and occupation; (c) development ination agenda, as well as the legislative and institu- of the institutional capacity of ILO constituents to tional basis of action against discrimination, through more effectively implement the fundamental right of data generation and knowledge sharing as well as non-discrimination at work; and (d) strengthening capacity building at all levels. of international partnerships with major actors on In the light of all this, four priority areas are equality. proposed for future action: (a) promotion of the xv
  • 14.
  • 15. List of abbreviations CEACR Committee of Experts on the Application of Conventions and Recommendations CELADE Latin American and Caribbean Demographic Centre DWCP Decent Work Country Programme EEOC Equal Employment Opportunity Commission (United States) EPZ export processing zone HALDE Haute Autorité de Lutte contre les Discriminations et pour l’Egalité (France) HIV/AIDS human immunodeficiency virus/acquired immune deficiency syndrome IILS International Institute for Labour Studies IMF International Monetary Fund IOE International Organisation of Employers ITUC International Trade Union Confederation LGBT lesbian, gay, bisexual and transgender MNE multinational enterprise OECD Organisation for Economic Co-operation and Development PLHIV persons living with HIV UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization xvii
  • 16.
  • 17. Introduction 1. The elimination of discrimination at work has and unjustifiable effect on one or more identifiable been a cornerstone of the ILO’s mandate since its in- groups. An example is requiring applicants to be of ception in 1919. Its paramount importance is echoed a certain height, which could disproportionately ex- in the 1944 Declaration of Philadelphia, the 1998 clude women and members of some ethnic groups. ILO Declaration on Fundamental Principles and Structural discrimination is inherent or institution- Rights at Work, the 2008 ILO Declaration on Social alized in social patterns, institutional structures and Justice for a Fair Globalization, and the 2009 ILO legal constructs that reflect and reproduce discrimin- Global Jobs Pact. atory practices and outcomes. These may include dif- 2. Clarity of concept helps us to understand the ferential or inferior conditions of training for ethnic problem and to tackle it efficiently. Article 1 of the minorities.1 Discrimination (Employment and Occupation) 4. Two earlier Global Reports on the theme of Convention, 1958 (No. 111), defines discrimination as equality were produced under the follow-up to the “any distinction, exclusion or preference made on the 1998 Declaration, presenting a dynamic global pic- basis of race, colour, sex, religion, political opinion, ture related to the elimination of discrimination in national extraction or social origin, which has the employment and occupation. The first of these, Time effect of nullifying or impairing equality of oppor- for equality at work, stressed that the workplace – be tunity or treatment in employment or occupation”, it a factory, an office, a farm or the street – was a and allows for additional grounds to be included after strategic entry point for freeing society from dis- consultation with national workers’ and employers’ crimination. 2 It highlighted the high economic, organizations. The Equal Remuneration Convention, social and political costs of tolerating discrimination 1951 (No. 100), provides for “equal remuneration for at work, and argued that the benefits stemming from men and women workers for work of equal value”. more inclusive workplaces surpassed the cost of re- 3. Discrimination in employment and occupation dressing discrimination. can occur in many different settings and can take 5. The second, Equality at work: Tackling the chal- many forms. It can relate to hiring, promotion, job lenges, highlighted the fact that despite encouraging assignment, termination, compensation, working developments in the fight against long-recognized conditions and even harassment. Discrimination is forms of discrimination at the workplace, problems direct when rules, practices and policies exclude or still persisted. Moreover, other forms based on fac- give preference to certain individuals just because tors such as age, disability, migrant status, HIV and they belong to a particular group, for example, job AIDS, sexual orientation, genetic predisposition and advertisements which indicate that only men should unhealthy lifestyles, had become more evident. To apply. Discrimination is indirect when apparently make the fight against all forms of discrimination at neutral norms and practices have a disproportionate the workplace more effective, the Report advocated, 1. ILO: Equality at work: Tackling the challenges, Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, Report I(B), International Labour Conference, 96th Session, Geneva, 2007, paras 28, 29, 31. 2. ILO: Time for equality at work, Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, Report I(B), International Labour Conference, 91st Session, Geneva, 2003, para. 11. 1
  • 18. EqUALITy AT WORk: THE CONTINUING CHALLENGE among other things, better enforcement of legislation Report on discrimination, it also reviews develop- as well as non-regulatory initiatives by governments ments in combating discrimination in employment and enterprises, and enhancement of social partners’ and occupation by measuring discrimination through capacity to address and overcome discrimination.3 data collection and testing; by evaluating identified 6. Over the past few years, the world has expe- “good practice” measures; and by reviewing the ef- rienced the worst economic crisis since the Great fectiveness of national equality bodies. Depression, a crisis that has resulted in widespread 9. Part II, From principles to practice, highlights job losses and social hardship. The ILO has esti- recent trends and developments in discrimination mated that globally 22 million more jobs will be on different grounds. Specific attention is paid needed in 2011 to restore pre-crisis employment to discrimination based on sex, race and ethnicity rates.4 Experience from earlier crises suggests that and the situation of migrant workers, a group con- the risk is especially acute for low-skilled, migrant sidered to suffer the highest incidence of discrimin- and older workers. young people, who are dispropor- ation. Other long-recognized grounds, including tionately hit by unemployment, will face still greater religion and social origin, as well as new trends in difficulties in obtaining decent work. There are some discrimination based on age, sexual orientation, real indications that the proportion of people of working or perceived HIV status and disabilities, are also dis- age who do not participate in the labour market at all cussed. Discrimination based on political opinion is has started to increase. addressed for the first time in this Global Report. 7. This Report, the third Global Report on non- Reference is also made to emerging issues related to discrimination, builds on the findings, conclusions discrimination based on lifestyle and genetic predis- and recommendations of the first two. It reviews pro- position. It outlines the role of governments in dem- gress and challenges with respect to various grounds onstrating political commitment and providing an of discrimination and proposes priority areas for enabling environment, reviews action taken by em- future action, informed by lessons learned from pre- ployers’ and workers’ organizations, and provides a vious and ongoing programmes and activities. It critical review of legal frameworks and policies at does so against the background of a slow and uncer- both the national and enterprise levels against dis- tain recovery from a global economic and financial criminatory practices. crisis which has led to a deep employment crisis. The 10. Part III, The ILO’s response, reviews ILO as- Report therefore addresses discrimination in the con- sistance to member States for the elimination of dis- text of broader developments as regards inequality crimination in employment and occupation since the and vulnerability. adoption by the Governing Body of the 2007 tech- 8. The Report is divided into four parts. Part I, nical cooperation priorities and action plans.5 It high- An evolving picture: Capturing the trends, provides a lights programmes and activities undertaken by both general overview of the impact of the crisis on cer- ILO field offices and headquarters units at the na- tain groups of workers who are more vulnerable to tional, regional and global levels which have achieved discrimination, with a focus on the ILO’s response positive results and could be regarded as good prac- and particularly on the Global Jobs Pact. It highlights tices and provide lessons for the future. progress on the ratification and implementation of 11. Building on the assessment of the impact of the fundamental ILO standards addressing discrimin- different programmes and activities carried out by ation – the Equal Remuneration Convention, 1951 the ILO over the past four years, Part IV, Towards (No. 100), and the Discrimination (Employment and an action plan, recommends priority themes and Occupation) Convention, 1958 (No. 111) – and con- areas, and appropriate strategies for future action by siders general trends in key areas over the past four the ILO and its constituents in line with the ILO’s years. Building on the findings of the second Global Decent Work Agenda. 3. ILO: Equality at work: Tackling the challenges, op. cit., p. ix. 4. International Institute for Labour Studies (IILS): World of Work Report 2010: From one crisis to the next? (ILO, Geneva, 2010), p. 17. 5. See ILO: Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work: Technical cooperation priorities and action plans regarding the elimination of discrimination in employment and occupation, Report of the Committee on Technical Cooperation, GB.300/TC/4, Governing Body, 300th Session, Geneva, Nov. 2007. 2
  • 19.
  • 20.
  • 21. Part I An evolving picture: Capturing the trends The impact of the global economic crisis the global nature of the crisis, returning home may on non-discrimination in employment not have been a viable option this time, as equal or and occupation greater job displacement has taken place in the mi- grant workers’ countries of origin.3 Migrants tend to 12. Discrimination on various grounds can be ex- experience job losses before other individuals partly acerbated in times of economic uncertainty. There because they are widely employed in sectors – like may be a tendency for governments to give lower construction and tourism – which are most immedi- priority to action against discrimination during pe- ately affected by economic downturns.4 riods of economic downturn.1 Whatever has been 14. Many countries have lowered their quotas the social impact of the financial crisis, post-crisis for economic migrants. Australia, for example, de- recovery strategies and measures must not ignore the creased its cap of 133,500 skilled migrants in 2008 principles of non-discrimination and equality. This to 108,100 in 2009.5 In Thailand, the registration of is a challenging context, in which it is of the utmost 700,000 foreign workers was delayed in a bid to keep importance for governments and other economic and jobs for Thai workers. In Italy, some employers aban- social actors to reaffirm their commitment to main- doned applications they had filed when the business taining and strengthening non-discrimination pol- outlook was better. In 2008, about 10,000 employers icies and institutions. (5.6 per cent of processed applications) withdrew re- quests they had filed in December 2007.6 Similarly, some trade unions in Poland called for restrictions Impact on migrant workers on the entry of workers from outside the European Union (EU), mainly from Ukraine, Belarus and 13. According to a recent ILO study, migrant China, in order to make room for returning Polish workers have been particularly affected by the crisis, workers expected to lose their jobs in other EU coun- with more situations of discrimination in access to tries. The anxiety about migrant workers created by employment and migration opportunities, increased the crisis was revealed by a Financial Times/Harris xenophobia and violence, and worsened conditions of poll, which found that over 50 per cent of United work, among other factors.2 These have added to the kingdom nationals wanted to apply restrictions existing situations of inequality and discrimination on access to the British labour market to workers against migrant workers. In previous downturns, a from fellow EU Member States.7 In Ireland, the certain number of migrants returned home. Given Government has increased restrictions on both the 1. ILO: Global employment trends for youth, special issue on the impact of the global economic crisis on youth (Geneva, Aug. 2010), p. 10. 2. See I. Awad: The global economic crisis and migrant workers: Impact and response (Geneva, ILO, 2009). 3. IOE: Trends in the workplace survey 2009, p. 31. 4. ibid. 5. OECD: International Migration Outlook: SOPEMI 2009, p. 36. 6. OECD: International Migration Outlook: SOPEMI 2009 – Special focus: Managing labour migration beyond the crisis, p. 31. 7. I. Awad, op. cit., p. 44. 5
  • 22. EqUALITy AT WORk: THE CONTINUING CHALLENGE Figure 1.1. Gap between immigrant and non-immigrant unemployment, 2007 and 2009 (per cent) 14 12.9 12 Pre-recession gap (2007-Q4) 10 End of recession gap (2009-Q4) 9.8 8.9 8.6 8.1 8.3 8 7.1 7.1 6 5.3 4.3 4.4 4.0 4 3.0 2.8 2.2 2.1 1.9 2 1.6 1.5 0.7 0 United United Ireland Italy Portugal Germany Netherlands Sweden France Spain Kingdom States Source: Eurostat, Current Population Survey (United States) and Quarterly National Household Survey (Ireland). entry of work permit holders and their rights and en- groups that fared better were generally concentrated titlements once they arrive.8 in jobs requiring higher levels of education.10 15. A study on the impact of the crisis on em- ployment gaps between immigrant and native-born workers has shown large variations between coun- The crisis and women workers tries.9 In Spain, for example, the gap widened greatly, while in Germany it actually narrowed. In most 17. Female employment has been seriously affected major immigrant-receiving countries for which data in several countries by the particular impact of the were available, unemployment increased faster among crisis on export sectors.11 The African textile industry, immigrants than among natives between late 2007 for example, with a 90 per cent female low-skilled and late 2009. In some cases, the unemployment gap and low-educated workforce, has experienced cuts opened up where it had previously been negligible as a result of import contraction in foreign markets. (for example, in the United States), while in others, 18. Past crises have revealed a similar dispropor- immigrants both entered and left the recession with tionate impact on the employment of women in much higher jobless rates (see figure 1.1). developing countries. In the 1990s crisis in Asia, 16. Not all situations of inequality can be at- women’s incomes declined steeply compared to men’s tributed to acts of direct discrimination. The con- as a result of contractions in sectors that employed sequences of crisis on migrant workers have been more women. Increased competition for casual harshest in the sectors and countries most severely af- and domestic work placed a downward pressure on fected by the crisis. For example, in countries where women’s wages as many women had little choice but construction had been the engine of growth in pre- to enter into informal employment following eco- vious years, migrant workers have suffered the big- nomic contraction. A United Nations report indi- gest loss of employment. Similarly, certain immigrant cates that the current crisis is following a similar groups have been hit harder than others, for instance, pattern, partly as a result of attitudes that give prefer- Pakistanis and Bangladeshis in the United kingdom ence to male employment by promoting the image of and Hispanics in the United States. By contrast, the male breadwinner. When jobs are scarce, women 8. D. Papademetiou, M. Sumption and A. Terrazas: Migration and immigrants two years after the financial collapse: Where do we stand?, BBC World Service, Migration Policy Institute, 2010, p. 92. 9. ibid., pp. 10, 20. 10. ibid., p. 10. 11. This and the following paragraphs are based on International Trade Union Confederation (ITUC): Gender in(equality) in the labour market: An overview of global trends and developments (Brussels, 2009). 6
  • 23. AN EVOLVING PICTURE: CAPTURING THE TRENDS encounter tougher competition in access to jobs, in- 22. Recent data show that 829 million people creasing the influence of existing and persistent bar- living in poverty in the world are women, compared riers to their employment. to 522 million men.18 With women’s wages equal to 19. The same UN report also noted that newly only 70 to 90 per cent of men’s for work of equal unemployed women who must earn incomes to value, non-discrimination in remuneration should be support their families turn to precarious forms of a core component of measures aimed at both gender employment in the informal economy, often with equality and reducing poverty. harsh working conditions. A 2009 study in Thailand found that 80 per cent of surveyed street vendors in the country reported higher levels of competition Poverty and discrimination since the beginning of the economic crisis.12 It is im- portant that governments remain proactive and pro- 23. In 2009, the number of workers worldwide tect women in the informal sector, but the priority in poverty was estimated to be between 1.48 and given to narrowing the gender pay gap or to public 1.59 billion. These figures reflect a likely increase in awareness campaigns for gender equality at the work- the number of such vulnerable workers by between place is likely to be adversely affected in an envir- 41.6 and 109.5 million during the period 2008–09. onment of budget cuts and crisis response. They also show that the global financial and eco- 20. In developed market-economy countries, the nomic crisis is likely to have had a severe impact on crisis has not had a clear disproportionate impact on many millions of women and men around the world. the employment of women that could be attributed Before the crisis, the proportion of workers in em- to discrimination. In the United States, for example, ployment vulnerable to poverty was on a downward from December 2007 to April 2010, women lost only trend in all regions. Some evidence suggests that in 46 jobs for every 100 jobs lost by men, and an ILO the period 2007–08, the global number of workers in study showed that female migrant workers are con- vulnerable employment decreased for the first time, centrated in sectors that have either expanded during by around 10.5 million people, to just below half of the crisis or have not been affected.13 In the United all workers (49.5 per cent).19 That trend may now be kingdom, there was also a greater decline in em- reversed. ployment rates for men than for women during the 24. Living in poverty is not only about low in- second and third quarters of 2008.14 comes. It also means a vicious cycle of diminished 21. Similarly, data on the wage gap have yet to health, reduced working capacity, bad working and evolve in any clear or definitive direction. In the living conditions, low productivity and reduced life United kingdom, for example, the 2008 Annual expectancy. Combined with illiteracy, hunger, child Survey of Hours and Earnings showed that the gender labour and early parenthood, the pervasive effect of pay gap had increased from 12.5 per cent in 2007 poverty can be transferred from parents to their chil- to 12.8 per cent in 2008, based on stronger growth dren. Globally, this phenomenon appears to affect in men’s hourly earnings.15 However, the trend was certain groups disproportionately. In some coun- reversed the following year as the gender pay gap tries, women register higher levels of poverty 20 and decreased to 12.2 per cent in 2009.16 In the United households headed by females are more likely to be States, the gender pay gap (by median wage) in- poor. Similarly, indigenous peoples, tribal groups creased, with women’s wages declining from 80.2 per and people of African descent are also over-repre- cent of men’s in 2007 to 79.9 per cent in 2008, com- sented among the poor. The world’s population of paring full-time wage and salaried workers.17 indigenous peoples, for instance, is about 300 to 370 12. A. Ellis, D. kirkwood and D. Malhotra: Economic opportunities for women in the East Asia and Pacific region (Washington, DC, World Bank, 2010), p. 68. 13. United States Congress: Understanding the economy: Working mothers in the Great Recession, report by the US Congress Joint Eco- nomic Committee (Washington, DC, May 2010), p. 1; I. Awad, op. cit., pp. 41, 43. 14. ITUC: Gender in(equality) in the labour market, op. cit., p. 36. 15. United kingdom Office for National Statistics: First release, 2008 Annual Survey of Hours and Earnings, 14 Nov. 2008, p. 6. 16. United kingdom Office for National Statistics: 2009 Annual Survey of Hours and Earnings, 12 Nov. 2009, p. 4. 17. ILO: Global wage report: Update 2009 (Geneva, 2009), para. 12. 18. ILO: Gender equality at the heart of decent work, Report VI, International Labour Conference, 98th Session, Geneva, 2009, para. 58. 19. ILO: Global employment trends (Geneva, Jan. 2010), p. 18. 20. The simple disaggregation of poverty counts by sex will lead to underestimates of gender gaps in poverty because poor women might also be found in some non-poor households. Second, the gender gap in poverty may appear larger in some countries which have a higher proportion of households with over-representation of women. 7
  • 24. EqUALITy AT WORk: THE CONTINUING CHALLENGE million. They make up 15 per cent of the world’s 27. The already dire labour market prospects for poor and about one third of the world’s 900 mil- young workers appear to have worsened as a conse- lion extremely poor rural people.21 In South Asia, quence of the crisis. There were a record 81 million Dalit communities also register dramatically high unemployed young people in the world at the end levels of poverty. In India, the poverty rate for Dalits of 2009, and a record 1 per cent annual increase in (65.8 per cent) is almost twice the rate for the rest of youth unemployment, compared to a 0.5 per cent the population (33.3 per cent).22 change in the adult rate, between 2008 and 2009.27 25. The disproportionate impact of poverty on young women and men have been disproportionately these groups is not a simple coincidence. It has its harmed since the onset of the crisis, and if similar origins in structural discrimination based on one or patterns are experienced as in past recessions, it could a combination of grounds such as sex, race, colour, take around 11 years for youth employment to return ethnicity or religion. 23 This situation is often a to pre-recession levels.28 Unemployed young people result of social exclusion and exploitation, such as encountering the crisis environment may lose hope of forced labour or child labour in its worst forms. obtaining employment and detach themselves from Discrimination in employment and occupation the labour market altogether, leaving a legacy of a emerges as a crucial factor in causing and exacer- “lost generation”.29 bating poverty. Not only can discrimination substan- 28. The impact of wage discrimination on poverty tially shrink wage and other incomes; people affected has been demonstrated and quantified by a number by it often register lower participation levels and em- of recent studies. In 2008, one such study 30 analysed ployment rates. Once in employment, low incomes the effects of gender discrimination on poverty in that result from wage discrimination and occupa- Brazil between 1992 and 2001, using data obtained tional segregation in poorly remunerated activities from the National Household Survey.31 The results prevent individuals from working their way out of show that, when gender discrimination is elimi- poverty. Discrimination in employment and occupa- nated, the percentage of poor people tends to de- tion can also result in long-term poverty by limiting cline by an average of 10 per cent. Results were even access to assets and services. more striking among the most vulnerable segments 26. The crisis has resulted in severe job losses in of the population, such as members of households high-income economies. At the beginning of 2010, headed by black women who lack a formal employ- 14 million jobs were still needed to restore employ- ment contract or are not trade union members. ment to pre-crisis levels.24 At the same time, larger Similar conclusions have been drawn from other re- numbers of workers are signalling their wish to emi- search in developed countries. For example, an EU grate for work. In the case of Ireland, for example, study 32 shows that, despite the very low employment 100,000 people are predicted to leave the country rates among women living in low-income house- over the coming four years.25 Persons with disabilities holds, removing wage discrimination of working have seen a decrease in job opportunities. In Japan, women would substantially reduce poverty in most for example, the number of dismissed workers with EU countries. That impact varies widely across the disabilities increased on a quarter-to-quarter basis EU; it is larger for countries with the highest levels for five consecutive months from November 2008 to of wage discrimination (where about 10 per cent March 2009.26 of the poor would be assisted out of poverty) and 21. International Fund for Agricultural Development: Fact Sheet, 2007, p. 1. 22. S. Alkire and M.E. Santos: Acute multidimensional poverty: A new index for developing countries, OPHI Working Paper No. 38 (Oxford, OPHI, July 2010), p. 127. 23. ILO: Working out of poverty, Report of the Director-General, International Labour Conference, 91st Session, Geneva, 2003, p. 34. 24. International Institute for Labour Studies (IILS): World of work report 2010: From one crisis to the next? (ILO, Geneva, 2010), p. 3. 25. M. Savage: “Economic crash to drive 100,000 out of Ireland”, The Independent, 18 Nov. 2010. 26. Ministry of Health, Labour and Welfare: Employment measures in post-financial crisis Japan, July 2009, p. 30. 27. ILO: Global employment trends for youth, op. cit., pp. 1, 4, 5. 28. IILS: World of work report 2010, op. cit., p. 2. 29. ILO: Global employment trends for youth, op. cit., p. 1. 30. R.C. Santos Simão and S.E. Monsueto: “The impact of gender discrimination on poverty in Brazil”, in CEPAL Review 95 (Aug. 2008), p. 141. 31. In studies of this type, the methodology is based on an estimation of counterfactual distribution of per capita household income based on a hypothetical scenario in which the labour market pays equal wages to men and women in accordance with their qualifica- tions. 32. C. Gradín, C. del Río and O. Cantó: “Gender wage discrimination and poverty in the EU”, in Feminist Economics, 12 May 2010, p. 100. 8
  • 25. AN EVOLVING PICTURE: CAPTURING THE TRENDS smaller in those with the lowest levels of wage dis- for women and men who are more vulnerable to crimination (where only between 2 and 4 per cent discrimination, including youth at risk, low-wage, of the poor would cross the poverty threshold). low-skilled, informal economy and migrant workers. However, the study underlined the fact that the Furthermore, it calls on countries to enact policies impact of wage discrimination on poverty is critical that promote core international labour standards, in all EU countries for paid working women and such as equal remuneration for work of equal value their households. and elimination of discrimination in employment, 29. There is a crucial link between poverty eradi- in order to reduce gender inequality and discrimin- cation, employment and equality. This is reflected ation at the workplace.34 These objectives were en- in the slow but progressive acceptance of the need dorsed by the leaders of the G20 at the Pittsburgh to rethink poverty reduction strategies and to shift Summit in 2009, when they committed their na- from a one-dimensional approach based on income tions to adopting key elements of the general frame- levels to a multidimensional strategy that effectively work of the Global Jobs Pact to advance the social addresses the underlying causes of persistent high dimension of globalization. They also called on poverty and economic insecurity. Some countries international institutions to consider the goals of have started to align their income-generating pol- the Global Jobs Pact in their crisis and post-crisis icies in poor areas with social policies. Those pol- analysis and policy-making activities.35 Similarly, icies may still be ineffective in reducing poverty if G20 labour ministers emphasized the importance they do not take into consideration the effects of of following the Pact’s guidelines for strong, sustain- discrimination in employment and occupation. In able and balanced global growth.36 The ILO is co- many developing countries, transfer programmes operating actively with several countries which have targeted at the poor are designed to provide income reflected the Pact in their stimulus packages and re- support and are made conditional on keeping chil- covery measures. dren in school and/or visits by mothers and children to health centres. However, these measures may have only a limited impact on poverty reduction Stimulus packages if they do not at the same time address the deter- minants of economic vulnerability, including the 32. While the crisis had the effect of increasing ethnic, racial and gender discrimination that keep vulnerability for many workers, the stimulus meas- wages at a low level.33 ures designed to bring about recovery have not always contributed to correcting the disparities. With the goal of economic recovery in mind, many coun- Responding to the crisis tries have focused their stimulus packages on sectors that have endured significant damage from the crisis. 30. A job-rich recovery, with macro- and micro- In many cases these were male-dominated sectors of economic policies supporting employment and employment. While stimulus measures have been growth, is essential in the current context. However, credited for averting a deeper crisis and helping to non-discrimination efforts can all too easily be un- jump-start the economy, prioritization of responding dermined by short-term measures taken to alleviate to the fiscal effects of the crisis has resulted in na- difficult fiscal conditions. Non-discrimination laws tional resources not always being distributed rela- and policies, equality institutions and political com- tively equally among all sectors of the labour market. mitment, have been hard won over a number of dec- Responses may have resulted in the indirect exclusion ades; care should be taken to protect them. Lessons of vulnerable groups from the benefits of stimulus should have been learned from the experiences of the measures. Those groups include young people, ethnic last century. minorities and women, who are often under-repre- 31. In June 2009, the ILO adopted the Global sented in the targeted industries. Jobs Pact, a centrepiece of its response to the crisis. 33. In Germany, two recovery packages initiated by The pact emphasizes the need to enhance support the Government have targeted sectors comprising a 33. United Nations: Retooling global development, World Economic and Social Survey 2010, UN Department of Economic and Social Affairs (2010), p. 36. 34. ILO: Recovering from the crisis: A Global Jobs Pact, International Labour Conference, 98th Session, Geneva, 2009, Part II(9)(2) and (9)(7). 35. Leaders’ Statement, Pittsburgh G20 Summit, 24–25 Sep. 2009. 36. ILO: “El Salvador and Argentina adopt ILO Jobs Pact”, ILO Policy Integration Department, 8 July 2010. 9
  • 26. EqUALITy AT WORk: THE CONTINUING CHALLENGE 78 per cent male and 22 per cent female workforce.37 the International Institute for Labour Studies has The automotive industry, construction, laboratory and emphasized the need for further measures targeted medical technologies, and financial intermediation, at vulnerable groups such as young people, and are all male-dominated sectors that have received for employment-oriented social protection.39 The significant financial support from the Government. Institute’s World of work report 2010 expands on the While the packages have been successful in benefiting Global Jobs Pact, which calls on national govern- men in the targeted sectors, reducing their employ- ments to develop income support systems, provide ment decline, a 2010 study has indicated that the skills development programmes and improve en- neglect of female-dominated sectors, including most forcement of non-discrimination rights in order to prominently the services sectors, poses a long-term help vulnerable groups to recover from the crisis and risk to women’s employment. As a consequence, a prevent increased poverty and social hardship, while decline in female employment remains a long-term at the same time stabilizing the economy and pro- possibility, which could be harmful to national econ- moting employability.40 omies since female employment in the services sector was previously fuelling national employment. 34. In the United States, the stimulus package Preventing harmful effects of fiscal consolidation appears to have had a mixed impact on vulner- able groups in society. While 10 per cent of rural 36. In the aftermath of the financial crisis, global infrastructure grants must be targeted to counties attention has increasingly been paid to reducing large with persistent poverty, and the Home Investments budget deficits and public debts in many countries. Partnership Program in the stimulus package calls yet many have urged caution in formulating fiscal for equitable distribution of resources between urban consolidation policies – defined by tax increases and and rural communities, with a prioritized focus on cuts in government spending – since the measures in- areas with severe economic problems, a 2009 Ohio volved could jeopardize recovery efforts, propel coun- State University report notes that the substantial tries into deeper recession and exacerbate inequalities funding given to infrastructure projects could dis- in the workforce.41 A joint ILO–IMF paper in 2010 advantage racial minorities and women. African warned that a premature consolidation push could Americans represent 13 per cent of the population damage macroeconomic growth and subsequently and women make up half of the population, but they lead to even larger deficits and debts.42 Nevertheless, hold only 6 per cent and 9.4 per cent of construction fiscal consolidation plans have already been initi- jobs respectively.38 ated in countries with particularly severe deficits, 35. In order to protect all segments of society including Greece, Latvia and Ukraine. The Trade equally and prevent further marginalization of vul- Union Advisory Committee to the Organisation for nerable groups, national governments should ensure Economic Co-operation and Development (OECD) that the disproportionate effects of stimulus meas- has estimated a total resource gap of US$372 billion ures are considered when they are developed and that per year from 2012 to 2014 if deficit reduction plans any disproportionate effects of policies are moni- proposed by the OECD to its member countries are tored and corrected, thereby halting growing eco- implemented.43 nomic inequalities. With the aim of stimulating job 37. Certain groups may be particularly susceptible creation and surmounting the crisis, in addition to to the bulk of the effects of fiscal consolidation meas- calling for financial reform and sustainable job cre- ures, as austerity policies in many countries could ation through the promotion of a closer link between take the form of cuts in the welfare programmes that wages and productivity gains in surplus countries, assist lower-income workers in access to employment 37. Information in this paragraph is based on European Industrial Relations Observatory On-line: “Gender impact of recovery packages investigated”, 2010, p. 1. 38. Ohio State University kirwan Institute for the Study of Race and Ethnicity: Preliminary report of the impact of the economic stimulus plan on communities of color, 25 Feb. 2009 update, pp. 1–2. 39. ILO: “World of work report 2010: ILO says long ‘labour market recession’ worsens social outlook in many countries”, press release, 30 Sep. 2010. 40. ILO: Recovering from the crisis: A Global Jobs Pact, op. cit., pp. 6–7. 41. Global Unions Group: A financial transactions tax for job creation and development goals, statement by Global Unions to G20 Finance Ministers and the 2010 spring meetings of the IMF and the World Bank, Washington, DC, 23–25 Apr. 2010, pp. 3–5. 42. ILO–IMF: The challenges of growth, employment and social cohesion, discussion document for a joint ILO–IMF conference in cooper- ation with the office of the Prime Minister of Norway, 13 Sep. 2010, p. 8. 43. Global Unions Group, op. cit., pp. 4–5. 10