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Gambia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on race, color, gender, language, religion, political or other opinion, national or social origin, disability, sex, property, or birth. The law does not specifically prohibit discrimination on the basis of HIV/AIDS status, sexual orientation, or gender identity but prohibits discrimination based on other status. The law defines the criteria that prohibit discrimination with respect to employment and occupation, and the government enforced the law inconsistently, applying it in the formal sector but not in the large informal sector. Penalties were commensurate with those for other similar violations.

Employment in the formal sector was open to women at the same salary rates as men, and no statutory discrimination existed in other kinds of employment; however, societal discrimination lingered, and women generally worked in such low-wage pursuits as food vending and subsistence farming. The law also prohibits discrimination in private companies certified by the Department of Labor.

During the year the government did not report any cases of discriminatory practices with respect to employment or occupation.

Germany

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.

The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were commensurate with those of other civil rights violations.

FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. Workers filed 1,176 complaints with FADA alleging workplace discrimination because of their ethnic background; the majority of complaints concerned the private sector, where barriers for persons with disabilities also persisted.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2019 were on average 20 percent lower than those of men. It blamed pay differences in the sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations. FADA reported women were also at a disadvantage regarding promotions, often due to career interruptions for child rearing.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) and to report on their performance. Consequently, the share of women on the supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to nearly 35 percent in 2019. The representation of women on management boards in the top 200 companies stood at 14 percent.

There were reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.2 percent in 2018, remaining considerably higher than that of the general population (on average 5.2 percent for 2018). Employers with 20 or more employees must hire persons with significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2018 nearly 100,000 employers did not employ enough persons with disabilities and paid fines.

The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.

Grenada

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation based on race, color, national origin, religion, political opinion, gender, age, or disability. The law does not prohibit discrimination in respect to employment or occupation based on language, HIV status or other communicable diseases, sexual orientation, or gender identity. While there is no penalty for violating the law, authorities stated the country adheres to International Labor Organization guidelines and standards. In general the law and regulations were effectively enforced in collaboration with the Labor Commissioner’s Office within the Ministry of Labor. Penalties were commensurate to laws related to civil rights, such as election interference.

Haiti

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution provides for freedom of work for all citizens and prohibits discrimination based on sex, national or geographic origin, religion, opinion, or marital status. The constitution states that women should occupy 30 percent of the positions in public-sector employment. The law does not define employment discrimination, although it sets out specific provisions with respect to the rights and obligations of foreigners and women, such as the conditions to obtain a work permit, foreign worker quotas, and provisions related to maternity leave. The law prohibits discrimination based on disability but does not prescribe penalties for law violations. The law does not prohibit discrimination based on language, sexual orientation, gender identity, social status, or HIV-positive status. Women continued to face economic restrictions such as harassment in the workplace and lack of access to finance.

The government did not effectively enforce applicable law, and penalties were not commensurate with penalties for laws related to civil rights, such as election interference. In the private sector, several industries including public transportation and construction, which in the past had been male oriented, employed female workers at the same pay scale as men. Despite these improvements, gender discrimination remained a major concern. There was no governmental assessment or report on work abuses. The BWH’s assessment of 29 factories between April 2019 and March identified two cases of gender discrimination. Following the assessment, the factories where the cases occurred were reprimanded and conducted compliance training with the offenders as well as with all workers, and they reviewed sexual harassment policy in consultation with the trade union committee.

Iceland

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution and other laws prohibit employment discrimination in general and provide for fines determined by the courts for violations. The law provides for equal treatment in the labor market, without regard to race, ethnicity, age, religion, beliefs, disability, sexual orientation, gender identity, intersex status, or gender expression. The law does not specifically address HIV/AIDS or refugee status. Under the law, individuals, companies, institutions, and nongovernmental organizations can refer cases to the Gender Equality Complaints Committee, which rules on appointments and salary-related matters.

The government effectively enforced the law in most areas, but instances of employment discrimination occurred. Penalties were commensurate with those for similar violations. Despite laws requiring equal pay for equal work, a pay gap existed between men and women. Disability rights advocates asserted that persons with disabilities had a more difficult time finding jobs due to prejudice and because fewer job opportunities, especially part time, were available for persons with disabilities.

India

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Provisions in the constitution and various laws and regulations prohibit discrimination based on race, sex, gender, disability, language, sexual orientation, gender identity, or social status with respect to employment and occupation. A separate law prohibits discrimination against individuals suffering from HIV/AIDs. The law does not prohibit employment discrimination against individuals with communicable diseases or based on color, religion, political opinion, national origin, or citizenship.

The law prohibits women from working in jobs that are physically or morally harmful, specifically the Factories Act 1948, Sections 27, 66, and 87, and the Bombay Shops and Establishments Act of 1948, Section 34-A, although the latter only applies to four states.

The government effectively enforced the law and regulations within the formal sector; however, penalties were not sufficient to defer violations. The law and regulations do not protect informal-sector workers (industries and establishments that do not fall under the purview of the Factories Act), who made up an estimated 90 percent of the workforce.

Discrimination occurred in the informal sector with respect to Dalits, indigenous persons, and persons with disabilities. Gender discrimination with respect to wages was prevalent. Foreign migrant workers were largely undocumented and typically did not enjoy the legal protections available to workers who are nationals of the country. The UN’s Committee on the Elimination of Discrimination Against Women raised concerns regarding the continued presence of sexual harassment and violence against women and girls and the repercussions on school and labor participation.

Ireland

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law bans discrimination in a wide range of employment-related areas. It defines discrimination as treating one person in a less favorable way than another person based on color and race, creed, origin, language, sex, civil or family status, sexual orientation, age, religion, disability, medical condition, or membership in the Traveller community (also see section 6). The law specifically requires equal pay for equal work or work of equal value. The law provides the same legal protections to members of the lesbian, gay, bisexual, transgender, and intersex community; divorcees; single parents working in state-owned or state-funded schools; and hospitals operating under religious patronage.

The government effectively enforced applicable laws, and penalties were commensurate with those for similar violations.

Israel, West Bank and Gaza

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation based on age, race, religion, national origin, ethnicity, sex, sexual orientation, and disability. The law prohibits an employer from discriminating against employees, contractors, or persons seeking employment. The Employers of Women law and work safety regulations, however, restrict women from working in jobs deemed hazardous to their health, including through exposure to certain chemicals. The Equal Pay Law provides for equal pay for equal work of male and female employees. The Equal Rights for Persons with Disabilities Law prohibits discrimination against persons with disabilities (see section 6). The law does not explicitly prohibit discrimination on the basis of citizenship and HIV or AIDS status.

The government generally enforced applicable law effectively, and penalties were commensurate to those for laws related to civil rights, but civil society organizations reported that discrimination in the employment or pay of women, Ethiopian-Israelis, and Arab citizens persisted. The law charges the Commission for Equal Employment Opportunities with the implementation and civil enforcement of the Equal Employment Opportunities Law. According to the commission’s annual report, in 2019 it received 780 complaints, compared to 748 in 2018.

According to the Central Bureau of Statistics, in 2018 the average monthly salary of men was 12,500 shekels ($3,800) and 8,540 shekels for women ($2,600). A part of the pay gap reportedly resulted from a differential between the number of hours men and women worked each week on average.

The gender gap in unemployment during the COVID-19 crisis increased significantly throughout the year, from 1 percent in the beginning of the year to 37 percent as of the year’s end. Experts anticipated increased gender inequality in the job market following the COVID-19 crisis due in part to the disparity in unemployment figures of women and men.

According to government and NGO data, migrant workers, irregular African migrants, and Palestinians (both documented and undocumented) were ineligible to receive benefits such as paid leave and legal recourse in cases involving workplace injury.

On April 6, the government issued COVID-19 emergency regulations allowing employers to place pregnant women, women on maternity leave, and women undergoing fertility treatments on leave-without-pay status. Employers were allowed to take this measure despite a law stipulating that such an action may only take place upon receiving a permit from the Ministry of Labor, which may be contested through a legal process. On April 17, the government retracted the regulation following petitions from NGOs. On April 20, NGOs cancelled the petitions.

Italy

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. There were some media reports of employment discrimination based on race or ethnicity. Unions criticized the government for providing insufficient resources to the National Office against Racial Discrimination to intervene in discrimination cases, and for the lack of adequate legal measures to address new types of discrimination. Penalties were commensurate to other laws related to civil rights, but the number of inspections was insufficient to provide adequate implementation.

Discrimination based on gender, religion, disability, sexual orientation, and gender identity also occurred. The government implemented some information campaigns, promoting diversity and tolerance, including in the workplace.

In many cases victims of discrimination were unwilling to request the forms of protection provided by employment laws or collective contracts, according to labor unions. According to a 2018 Eurostat study, women’s gross hourly earnings were on average 5 percent lower than those of men performing the same job.

Jamaica

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution provides for the right to freedom from discrimination on the basis of gender, race, place of origin, social class, skin color, religion, and political opinion. The law and regulations do not prohibit discrimination on the grounds of ethnicity, nationality, sexual orientation, or gender identity. Policy from the Ministry of Labor and Social Security prohibits discrimination on the basis of HIV status. There were limited numbers of cases filed for discrimination in employment or occupation during the year, but it was likely there was underreporting due to strong stigma in the workplace against older women, persons with disabilities, members of the LGBTI community, and persons with HIV or AIDS. Those persons subject to workplace discrimination had little confidence that effective legal recourse was available to them. Although the law requires equal pay for male and female employees, salaries for women lagged behind salaries for men, and women were concentrated in lower-paying occupations. Persons with disabilities often lacked access to the workplace. There is no law mandating equal pay for equal work.

West Bank and Gaza

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

PA laws and regulations do not prohibit discrimination regarding race, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. While PA laws prohibit discrimination based on gender and disabilities, penalties were not commensurate with penalties for similar violations, and the PA did not effectively enforce those laws and regulations in the West Bank, nor did Hamas in Gaza. PA labor law states that work is the right of every capable citizen; however, it regulates the work of women, preventing them from employment in dangerous occupations. As a result most women are not able to work at night, or in the mining or energy sectors.

There was discrimination in the West Bank and Gaza based on the above categories with respect to employment and occupation. Persons with disabilities faced discrimination in hiring and access to the workplace. Women endured prejudice and, in some cases, repressive conditions at work. The Palestinian female labor force participation rate was 14.7 percent in Gaza and 15.8 percent in the West Bank.

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The Lessons of 1989: Freedom and Our Future