Comprehensive Analysis of Workplace Discrimination Laws and Employee Rights: (A Comparative Study)

Abstract

Workplace discrimination remains a pervasive issue globally, infringing upon fundamental human rights and undermining equitable employment opportunities. This paper comprehensively analyzes workplace discrimination laws and employee rights, focusing on international legal instruments and specific national legislation. The discussion delves into the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the United States’ Title VII of the Civil Rights Act of 1964, examining their roles in combating workplace discrimination. Additionally, the paper explores employee rights as enshrined in the Universal Declaration of Human Rights and the Fair Work Act 2009 of Australia. Through this analysis, the paper highlights the significance of robust legal frameworks in safeguarding employee rights and promoting inclusive workplaces, while also identifying existing gaps and challenges in enforcement.

Keywords:  Discrimination; multi-national organizations; Human Rights, Employee Rights.

Introduction

Employment discrimination is a profound violation of human rights that manifests as disparities among employees in the workplace. This issue often arises from biases related to various factors, including race, gender, religious beliefs, ancestry, age, or disability. Such discriminatory practices have far-reaching consequences; they do not only impede individuals’ career advancement and job satisfaction but also contribute to systemic social imbalances that can affect entire communities and economies. The International Labour Organization (ILO) has explicitly stated that discrimination based on employment and occupation infringes upon the right to equality. This violation not only negatively impacts the affected individuals but also stifles overall economic and social development within societies, creating an unjust environment where opportunities are not equally accessible. For many years, the principle of non-discrimination in the workplace has been firmly established within various international human rights instruments[1].

These instruments reflect a collective understanding of the need to eradicate discrimination in all its forms. One pivotal document in this regard is the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which legally obliges State Parties to respect, protect, and fulfill the right to work without discrimination of any kind. Article 7 of the ICESCR further emphasizes the right to just and favorable conditions of work, recognizing the diverse needs and rights of employees[2]. Moreover, the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, outlines essential worker rights within Article 23. This article guarantees the right to work, the freedom to choose one’s profession, adequate remuneration, and equal protection against unemployment. It serves as a foundational text advocating for the dignity of labor and the protection of individual rights against discriminatory practices in the workplace. In spite of these robust international frameworks, workplace discrimination continues to be pervasive across different jurisdictions. This ongoing issue underscores the critical need for sound, enforceable legislation at the national level to protect individuals from unfair treatment based on the aforementioned characteristics. For instance, in the United States, Title VII of the Civil Rights Act of 1964 establishes a legal basis for individuals to challenge discrimination based on race, color, gender, religion, or national origin. It is a significant step forward in ensuring that employees can work in an environment free from discrimination.

Similarly, in Australia, Section 351 of the Fair Work Act 2009 specifically addresses workplace discrimination, mandating that all employees be treated fairly, without bias based on their personal characteristics. This legislation is an attempt to create a more equitable workplace environment and to enhance the overall well-being of employees. The persistent presence of workplace discrimination signals that both international and national legal frameworks require continuous evaluation and updating to remain effective. This work aims to delve into the legal standards that govern employment practices, critically assessing the efficiency of these legal protections in combating discrimination and ensuring employees’ rights are upheld. By analyzing specific legal instruments and their application in various contexts, this discussion will identify significant achievements in the fight against workplace discrimination, as well as the challenges that continue to hinder progress. Ultimately, this examination will contribute to a broader discourse on human rights, enhancing our understanding of equality and justice in the employment sector.

Discussion

1. Discrimination Law:

Discrimination (Employment and Occupation) Convention, 1958, (No. 111) is an international labor instrument governing against discrimination prepared by the International Labour Organisation (ILO). In this context, the policies of countries that have ratified this Convention are supposed to be aimed at combating discrimination in employment and occupation – and to guarantee equal opportunity for all individuals[3]. As defined in the Convention discrimination means any distinction, exclusion, or preference based on race, color, sex, religion, political opinion, nationality, or origin leading to unequal opportunities in employment and occupations. The Convention also empowers member states to define other types of discrimination with the assistance of representative organizations of employers and employees. Based on these recommendations, there has been a change of law and policy in nations that have signed and ratified the said convention. For example, in the United States, the aims of the Convention are met by Title VII of the Civil Rights Act of 1964 which bans employment discrimination on grounds of race, color, religion, sex, or national origin. This alignment also emphasizes the need to adopt international standards and the latter to affect national legislation.

Nonetheless, there are issues related to the application of non-discrimination legal provisions. Recent research shows increased racism in French workplaces, and it means that these laws must be implemented effectively and promptly. These cases prove that having laws on legislative reform and anti-discrimination policies in workplaces acts only as a reminder to check for discrimination recurrence and apply necessary countermeasures. Further, the Convention makes it mandatory that all member states clear all forms of legal provisions and administrative measures that conflict with equality of opportunity as well as equality in treatment. This has made nations change their discriminative laws. This Discrimination (Employment and Occupation) Convention, 1958 (No. 111) is a key international instrument that was established by the International Labour Organisation (ILO) that seeks to address discrimination and discrimination at the place of work. This Convention lays down basic guidelines that compel countries, that adhere to it, to develop coherent programs aimed at tackling discrimination in employment and other workplace environments, and at ensuring equal opportunities and the absence of discrimination in the job arena for everyone.

According to the Convention, discrimination is conceived in a very generic way as any kind of distinction that becomes apparent as being made on grounds of race, color, sex, religion, political opinion, national origin, or social origin. The kind of discrimination must therefore culminate in differences in employment and promotion prospects for individuals. Furthermore, the Convention posits that member states may find and respond to other categorizations that are discriminatory in their contexts through employers’ and workers’ organizations. The following effects have been realized as a result of the application of Convention No. 111 in various countries: For example, in the USA the general principles of this Convention are embodied in Title VII of the Civil Rights Act of 1964. This act is the direct implementation of discrimination in employment opportunity on grounds of race, color, religion, sex, and national origin thus incorporating all the provisions of the convention. This duality of reference to international standards and national legislation underlines the imperative role played by compliance with these references in the provision of protection against discrimination.

Pursuant to the provisions of the Convention, discrimination is restrained to mean any distinction that is made on grounds of race, color, sex, religion, political opinion, nationality or origin, and the like. Any sex discrimination must in the long run manifest itself in a manner that has a debilitating effect on a person’s prospects as far as employment and career progression is concerned. Furthermore, the member states can find and combat other kinds of discrimination in their contexts with the help of the cooperation with the employer and worker representatives, included in the Convention. However, there are continued barriers to the implementation of anti-discrimination laws further to the formulation of such legislation.

Recent studies in FRANCE show an increased number of racism incidences in workplaces which therefore gives a clue that eradicating workplace discrimination is still a major challenge. This evidence underlines the need for strategies about good implementation practices, as well as regulation policies, to address discrimination and help the targeted groups[4]. Reportedly, it states that parties of the Convention shall abolish any measure regulating the legal relations between individuals or between persons and the state that is incompatible with the principles of equal opportunities or treatment. This directive has therefore made nations assess and review laws and policies in place with the aim of eradicating prejudice. Thus, various governments become forced to change their legislation and adopt rules that would be more effective in providing equity. Thus, established by the Discrimination (Employment and Occupation) Convention, 1958, the principles for the fight against workplace discrimination on the international level have a solid foundation, yet it is high time to be more attentive, to implement given concepts even deeper and to develop active legislation reforms that will make them real in the lives of workers all over the world.

2. Employee Rights

Employee rights have a chief role in ensuring that workers enjoy just and equitable working conditions, which is equally important as the rights of employers. These rights are firmly anchored in both international and national legal frameworks designed to protect workers. The Universal Declaration of Human Rights (UDHR), adopted in 1948, establishes fundamental human rights, with Article 23 specifically addressing the right to work. It asserts that everyone has the right to engage in work, freely choose their career path, and benefit from conditions that respect their personal dignity. Additionally, it guarantees protection against unemployment, highlighting the intrinsic connection between employment and the dignity of individuals. This foundational principle underscores the necessity of workplace environments where human rights are upheld and valued. To further elaborate on these rights, the International Covenant on Economic, Social, and Cultural Rights (ICESCR) builds upon the principles outlined in the UDHR. Ratified in 1966, this treaty specifies, in Article 7, that everyone is entitled to work under just and favorable conditions. This includes not only equitable wages and remuneration that reflect the dignity of labor but also the fundamental freedom to choose one’s employment without discrimination.

The ICESCR emphasizes the importance of maintaining healthful and safe working conditions, which are essential for the well-being of employees. It also includes provisions for the protection of children from exploitation in the labor market, fostering an environment where young people can thrive without the burden of work-related hardships. Tenaciously, it reinforces the rights of workers to form and join trade unions, providing a collective voice to advocate for their rights and ensure protection against unemployment. The robust or solid legal framework surrounding employee rights is further reinforced by the International Labour Organization (ILO), a specialized agency of the United Nations. Founded in 1919, the ILO has a mission to promote social justice and fair labor practices worldwide. It is responsible for the development of international labor laws that aim to protect labor standards across all member states.

Over the years, the ILO has established a comprehensive system of International Labour Standards (ILS) which encapsulates a broad range of rights and principles aimed at ensuring decent and productive work for everyone, regardless of gender. These standards prioritize the values of freedom, equity, security, and dignity in the workplace. Moreover, the ILO’s conventions and recommendations serve as vital tools for member states, encouraging them to adopt these standards and integrate them into their national laws and practices. Through this framework, the ILO endeavors to create an environment where labor rights are recognized and enforced, thereby fostering economic growth and social progress while protecting the rights and welfare of workers globally.

Conclusion

At the international level, the International Labour Organization (ILO) has championed its role in promoting as well as protecting the rights of employees at the global level. Originally founded as an autonomous organization of the United Nations System with the official abbreviation of U.N., ILO concentrates on social transformation and decent working conditions. An early and major focus is the ILO Declaration on Fundamental Principles and Rights at Work which was first discussed in 1998, with some changes to be made in 2022. This declaration puts pressure on the member states not only not to violate but also to protect and guarantee a certain number of rules and rights. These principles are categorized into four key areas: Equal opportunity and non-segregation: employment; freedom of association, and the right to collective bargaining; no forced or compulsory labor; and the prohibition and prevention of child labor. More attention should be paid to eradicating discrimination to stress equity in treating people in a workplace without reference to color, gender, nationality, or status. Such a commitment is helpful in stressing that equality in the labor market is necessary for the protection of individual rights only but also for promoting the development of equal economic and social environments all over the world. Through this declaration, the ILO underscores the need for these principles in developing a sound social work culture in the global workplace.

References

[1] Vandenhole, Wouter, Non-Discrimination and Equality in the View of the UN Human Rights Treaty Bodies, Intersentia nv (2005).

[2] 74 Arnard & Oddn, Equality and Non-Discrimination under the European Convention on Human Rights (2003).

[3] TEKLE, Tzehainesh, Discrimination (Employment and Occupation) Convention, 1958. (2018).

[4] ILO, Racial Discrimination in the World of Work.