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Czech Republic

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit any kind of discrimination based on nationality, race, color, religion, political opinion, national origin, sex, sexual orientation or gender identity, age, disability, HIV-positive status or presence of other communicable diseases, social status, or trade union membership.

The SBLI conducted checks for unequal treatment and discrimination in 2018 and imposed penalties for violations of discrimination laws, mostly noncompliance with the requirement to employ a specific number of persons with disabilities, gender and age-based discrimination, or the publication of discriminatory job advertisements. The SBLI recorded a decrease in unequal treatment and discrimination at work in 2018 compared to 2017. According to CMKOS, labor discrimination cases usually involved gender pay gaps.

Women’s salaries lagged behind men’s by approximately 22 percent.

In March Prague Gas, a state-owned company, apologized to a woman for discriminating against her while selecting a new financial manager. The woman sued in 2006 and requested an apology, appointment to the position, and financial compensation of one million crowns ($43,000). In 2017 a court ordered the company to apologize, and the appellate court upheld the decision in November 2018. The courts rejected the woman’s other claims. She asked the Supreme Court to review the decision.

At the beginning of the year, the Prague Municipal Court ruled a woman who was demoted from a management position two days before starting maternity leave faced gender discrimination. The court ordered a public apology and for a new judge to review the case, criticizing the previous judge for not requiring the Office of the Government to prove the woman was demoted for bad performance. The victim was the former head of the human rights section at the Office of the Government in 2011.

Associations supporting HIV-positive individuals reported cases of discrimination. HIV-positive individuals are not legally obligated to report their diagnosis to their employer unless it prevents them from executing their duties. Some employers dismissed HIV-positive employees due to prejudices of other employees. To avoid accusations of discrimination, employers justified such dismissals on administrative grounds, such as redundancy.

In November 2017 the Prague Municipal Court upheld the classification of HIV as a disability following the wrongful termination of an HIV-positive police officer. The court also stated the termination was in line with an applicable internal ministerial decree. The Supreme Court reversed the Municipal Court’s ruling in October 2018 and returned the case to the police president for final decision.

According to an ombudsperson’s report, discrimination at work accounted for the greatest number of complaints delivered to the ombudsperson’s office in 2018. Racial and ethnic discrimination made up the largest category of complaints followed by discrimination based on disability or age.

Democratic Republic of the Congo

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation based on race, gender, language, or social status. The law does not specifically protect against discrimination based on religion, age, political opinion, national origin, disability, pregnancy, sexual orientation, gender identity, or HIV-positive status. Additionally, no law specifically prohibits discrimination in employment of career public service members. The government did not effectively enforce relevant employment laws, and penalties were insufficient to deter violations.

Gender-based discrimination in employment and occupation occurred (see section 6). Although the labor code stipulates men and women must receive equal pay for equivalent work, the government did not enforce this provision effectively. According to the International Labor Organization, women often received less pay in the private sector than did men doing the same job and rarely occupied positions of authority or high responsibility. Persons with disabilities, albinism, and certain ethnicities such as Twa faced discrimination in hiring and access to the worksites.

Denmark

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination, and the government generally enforced these laws effectively. Penalties for violations include fines and imprisonment and are generally sufficient to deter violations.

Danish gender equality law does not apply to Greenland, but Greenland’s own law prohibits gender discrimination. Greenland has no antidiscrimination laws in employment and Danish antidiscrimination laws do not apply to Greenland.

Djibouti

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

There is no law prohibiting discriminatory hiring practices based on disability, sexual orientation, gender identity, or HIV or other communicable disease status. The constitution provides for equal treatment of citizens regardless of gender or other distinctions, but custom and traditional societal discrimination resulted in a secondary role for women in public life and fewer employment opportunities in the formal sector. The government promoted women-led small businesses, including through expanded access to microcredit.

A presidential decree requires women to hold at least 20 percent of all high-level public service positions, although the government has never implemented the decree.

The Labor Inspectorate lacked adequate resources to carry out inspections for discrimination. According to disability advocates, there were not enough employment opportunities for persons with disabilities, and legal protections and access for such individuals were inadequate. The law does not require equal pay for equal work (see section 6).

By law foreign migrant workers who obtain residency and work permits enjoy the same legal protections and working conditions as citizens. This law was not enforced, however, and migrant workers experienced discrimination.

Dominica

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution specifically prohibits discrimination based on race, gender, place of origin, skin color, creed, or political opinion. The government generally enforced this provision. There were no government programs in place to prevent discrimination in the workplace and no penalties to deter violations.

Discrimination in employment and occupation occurred against women and persons with disabilities. Discrimination also occurred based on sexual orientation. The law permits employers to pay lower wages to persons with disabilities.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future