IR 204 Workplace Discrimination

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1.

Discrimination in the Labor Market


(a) theory/determinants/concept

Discrimination is a situation in which equally materially productive persons are treated unequally
on the basis of an observable characteristic. While laws are in place, many people still find themselves
discriminated at work because of their race, sex, religion, disability, age etc. Discrimination may be direct
or indirect. Direct discrimination happens when a person, or a group of people, is treated less favourably
than another person or group because of their background or certain personal characteristics. On the
other hand, the latter occurs when there is unreasonable rule or policy that is the same for everyone but
has an unfair effect on people who share a particular attribute. It’s often less obvious e.g. minimum height
requirement, not allowing to work part-time, 10 year work experience requirement. “Sometimes, a policy,
rule or practice seems fair because it applies to everyone equally, but a closer look shows that some
people are being treated unfairly. This is because some people or groups of people, are unable or less
able to comply with the rule or are disadvantaged because of it. If this policy or practice is not reasonable,
it may be indirect discrimination.”

(b) Extent, Characteristics and Profile

Gender-based disadvantage/Discrimination based on Gender

 Gender wage gap - Average wages for men and women differ sometimes by 30% or more. This
is due to difference in the low productivity level due to lack of skills. It is an inferior perception of
women and a lack of appreciation of their achievements, capabilities and performance. It gives an
impression that a woman’s work is secondary even if she has equal responsibilities and
competencies as her male colleagues in the same institution.

 Occupational segregation by gender - Feminized occupations tend to have lower salary.


Women’s jobs tend to concentrate on services and care activities while men in managerial roles.
Therefore, gender wage gap arise because of occupational segregation.
 Pay discrimination - Not paying someone a fair wage, whether male or female when compared to
another employee who holds a position of similar level and performs the same duties.
 LGBT discrimination

Discrimination based on Age

 Young workers have difficulty getting a job because companies tend to look for workers with
years of experience and therefore excluding those graduates without being given the chance to
prove themselves.
 On the other hand, the older workers are faced with problems of obtaining a job that have
become an increasing cause of concern for years. Studies also show that the jobs available for
older workers are often paid lower compared to the previous wage that they were receiving.
 Companies are prohibited in specifying age preferences in job advertisements.

Discrimination based on Disability

 Physically impaired persons suffer from discrimination at work from hiring and even during
employment. In fact, this is evident on the salary ceiling required by law which is to give them not
lower than 75% of the normal wage.
Religious Discrimination

 It is illegal for employers to discriminate workers based on their religion. Businesses are required
to reasonably accommodate an employee’s religious beliefs as long as it doesn’t have negative
consequences for the employer.

(c) Effects/Positive and Negative outcomes

Sexual Division of Labor

 Division of activities inside households where social reproduction is considered a feminine


activity while the extra-household a masculine and active one. The difference starts inside
household and extends to paid-work outside household resulting to wage inequality between
men and women. This inequality is not a simple problem and in fact results to the
gender division of labor.

 A fundamental issue is unpaid work (in family businesses). Unpaid work also extends to
unpaid care work, which is not shown in statistics on labor outcomes.
 Government needs to ensure that economic opportunities are equal for both sexes. It should
examine the reasons behind the domination of one sex or the other in some occupations, as
well as the persistence of gender wage gaps in some sectors and occupations
 It also needs to address gender-based barriers that hinder opportunities for capacity
development and career advancement.
 Lastly, it needs to provide more social protection for those engaged in the informal economy
and address issues about unpaid work, both in the production of goods or services that are
consumed by those within or outside a household, as well as in care activities within a
household.

(d) Assessment of Efficacy or Deficiency of Programs/Policies


 The Equal Remuneration Convention (No. 100), adopted by the International Labour
Conference in 1951, promotes equal pay for work of equal value between men and women. It
was the first ever international labour instrument adopted to eliminate discrimination in
employment, addressing pay discrimination on the ground of sex.
 Republic Act 9442 or Magna Carta for Disabled Persons [an act amending RA 7277]
o Not less than 75% of the applicable minimum wage
Strategies for Reduction of the Gender wage Gap

 General policy of equal remuneration


o
 Educational Project of gender awareness in the field of labor
 Must be supported by social movements, unions and public policies

It’s a wife being equal with her husband. It’s a sister being equal with his brother. It’s not about being
better or worse — but it’s equality.

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