DISCRIMINATION IN THE WORKPLACE

What is discrimination? Unfair treatment of a person or group on the basis of prejudice (favoritism). Workplace discrimination occurs when an employer takes an adverse action against a person who is an employee or prospective employee based on a prejudice of some kind that results in the unfair treatment of employees.

Types of discrimination Age Disability Equal Pay/Compensation Genetic Information Harassment National Origin Pregnancy Race/Color Religion Retaliation Gender Sexual Harassment

Forms of discrimination Direct discrimination Indirect discrimination Harassment Victimization

Legislation in Kenya on Discrimination in the workplace The Employment Act, 2007 Equal pay for men & women for work of equal value. Duty of the executive and judicial arms of government is to promote equal opportunities in employment for all (men, women, youth, elderly, migrants, etc.) Employer to give equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice

Legislation in Kenya on Discrimination in the workplace No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or prospective employee on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status, in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment

Exceptions and exemptions Religious Bodies can discriminate on the basis of a person’s religious belief but not on the grounds of race, disability, age, physical features For the protection, health and safety of the person Offering special services, benefits or facilities to meet the special needs of people with a particular personal characteristics

Gender discrimination Sex or gender discrimination is treating a person differently at their place of work specifically because they are either a man or a woman.

Effects of gender discrimination Lost Productivity Promotions Family Responsibilities Destruction

HIV/AIDS discrimination Sex or gender discrimination is treating a person differently at their place of work specifically because of their HIV status The HIV and AIDS Prevention and Control Act, 2006

Fighting discrimination Both Employer and Employees have roles to play

Role of employers Ensuring a strong and unambiguous equal opportunity policy. Establish a process for resolving complaints of discrimination that do arise.

Role of employees In case of discrimination, an employee should: Complain directly to the person or organisation. Use someone or trade representative to sort it out through mediation or alternative dispute resolution. Make a claim in a court or tribunal

Ethical argument for or against discrimination The utilitarian argument supports discrimination, in that Individual interests are sacrificed if that serves the greater good. Thus unfairness is erased in ethical terms by the requirements that the general welfare be served. Virtue Ethics Theory is against discrimination based on the need to preserve the personal freedom and dignity of human beings. Any form of discrimination goes against someone’s freedom and dignity.

Ethical argument for or against discrimination Discrimination goes against the classical model of the free enterprise system. Discrimination also goes against the modern canonical view of business’ social and moral responsibilities. Discrimination is perceived as unethical