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Area Administered by Turkish Cypriots

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The “law” generally prohibits discrimination with respect to employment or occupation on the basis of race, sex, gender, disability, language, sexual orientation or gender identity, and social status. The “law” does not specifically address discrimination with respect to religion, political opinion, or HIV-positive status, which were addressed by general “regulations.” Authorities did not effectively enforce the “law” and penalties for violations were not commensurate with those for violating other “laws” related to civil rights. Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender.

Authorities reported there were more than 49,495 registered foreign workers in the area administrated by Turkish Cypriot authorities, mainly from Turkey, Pakistan, Turkmenistan, Bangladesh, and the Philippines. Foreign migrant workers faced societal discrimination based on their ethnicity, race, and religious belief. Greek Cypriots faced social and employment discrimination.

Women faced sexual harassment in the workplace, but most instances of sexual harassment went unreported. Women held far fewer managerial positions than men.

LGBTI individuals often concealed their sexual orientation and gender identity in the workplace to avoid discrimination. Persons with disabilities routinely found it physically difficult to access workplaces.

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Republic of Cyprus

Chile

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race, sex, age, civil status, union affiliation, religion, political opinion, nationality, national extraction, social origin, disability, language, sexual orientation, or gender identity, HIV-positive status or other communicable diseases, refugee or stateless status, ethnicity or social status. The government and employers do not discriminate on the basis of refugee, stateless status, or ethnicity, but workers must have a work permit or be citizens to hold contracted jobs. The law also provides civil legal remedies to victims of employment discrimination based on race, ethnicity, nationality, socioeconomic situation, language, ideology or political opinion, religion or belief, association or participation in union organizations or lack thereof, gender, sexual orientation, gender identification, marriage status, age, affiliation, personal appearance, and sickness or physical disability. A 2017 law addresses matters related to persons with disabilities. For all public agencies and for private employers with 100 or more employees, the law requires 1 percent of jobs be reserved for persons with disabilities.

The government effectively enforced the applicable law, and penalties were commensurate to other laws related to civil rights. Authorities generally enforced the law in cases of sexual harassment, and there was no evidence of police or judicial reluctance to act. Companies may receive “special sanctions” for infractions such as denying maternity leave. Discrimination in employment and occupation continued to occur. Indigenous persons continued to experience societal discrimination in employment. Statistics regarding rates of discrimination faced by different groups were not available.

China (Includes Hong Kong, Macau, and Tibet)

Colombia

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, ethnicity, sex, religion, political preference, national origin or citizenship, gender, disability, language, sexual orientation or gender identity, HIV-positive status or infection with other communicable diseases, or social status. Complaints of quid pro quo sexual harassment are filed not with the Ministry of Labor but with the criminal courts. There are legal restrictions against women being in employed in the construction section. The government did not effectively enforce the law in all cases. Penalties were not commensurate with laws related to civil rights, such as election interference.

Unemployment disproportionately affected women, who faced hiring discrimination and received salaries that generally were not commensurate with their education and experience. Media reported that on average women earned 12 percent less than men for the same work. In a previous year, a senior government official estimated that 85 percent of persons with disabilities were unemployed. Afro-Colombian labor unions reported discrimination in the port sector.

Comoros

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation on the basis of race, skin color, sex, religion, political opinion, national ancestry, social origin, or actual or presumed state of health (such as HIV/AIDS). The law prohibits discrimination on the basis of disability, but does not address sexual orientation. Discrimination cases are received by the Ministry of Labor and passed to the courts if not resolved.

The government did not effectively enforce the law. Penalties were not commensurate with those for other violations, and inspection was inadequate. In rural areas women tended to be relegated to certain types of work, and the UN Development Program reported women were underrepresented in leadership roles. Persons with disabilities faced discrimination in employment and access to worksites.

The law does not address gender pay disparities, and there were reports of pay gaps in the private sector.

Costa Rica

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The laws and regulations prohibit discrimination in employment and occupation regarding race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases status. The labor code prohibits discrimination based on age, ethnicity, gender, religion, race, sexual orientation, civil status, political opinion, nationality, social status, affiliation, disability, labor union membership, or economic situation. The government effectively enforced these laws and regulations, and penalties were commensurate to laws related to civil rights, such as election interference. The Labor Ministry reported seven cases of gender discrimination from January to June. The ministry continued to implement a gender-equality perspective into labor inspections to identify areas of vulnerability. The COVID-19 pandemic affected women’s employment, with women suffering the greatest number of job losses (see section 6, Women). As of July the unemployment rate for women reached 30 percent, compared with 18 percent before the pandemic started. The labor participation rate decreased from 52 percent to 44.5 percent.

Discrimination in employment and occupation occurred with respect to persons with disabilities and the LGBTI population. Discrimination against migrant workers from Nicaragua occurred, and there were reports of instances of employers using threats of deportation to withhold their wages.

Côte d’Ivoire

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution provides for equal access to public or private employment and prohibits any discrimination in access to or in the pursuit of employment on the basis of sex, ethnicity, or political, religious, or philosophical opinions.

The law does not prohibit discrimination based on sexual orientation. The law specifically prohibits workplace discrimination based on HIV/AIDS status but does not address other communicable diseases. The law includes provisions to promote access to employment for persons with disabilities: it stipulates that employers must reserve a quota of jobs for qualified applicants, but does not provide penalties for employment discrimination.

The government did not effectively enforce its antidiscrimination laws. Penalties were commensurate with those for comparable crimes. Human rights organizations continued to report discrimination with respect to gender, nationality, disability, and sexual orientation and gender identity. There were legal restrictions on women’s employment in certain occupations and industries, including in mining, construction, and factories, but no known limitations on working hours based on sex. The government indicated that if a woman wanted to carry out any of the work on the “prohibited list,” she needed to contact an inspector at the Ministry of Labor. While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted.

While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted.

While the law provides the same protections for migrant workers in the formal sector as it does for citizens, most faced discrimination in terms of wages and treatment.

Croatia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on the basis of race, color, sex, sexual orientation, marital status, family obligations, age, language, religion, political or other beliefs, national or social origin, wealth status, birth, social position or standing, political party membership or nonmembership, union or nonunion membership, or physical or mental disabilities.

The government enforced the law in all sectors, but sporadic discrimination in employment or occupation occurred on the basis of gender, disability, sexual orientation, HIV-positive status, and ethnicity, particularly for Roma. Penalties were commensurate with similar crimes, and inspection and remediation were sufficient. Some companies, state institutions, and civil society organizations, however, sometimes chose to pay a fine rather than comply with quotas for hiring persons with disabilities. According to the ombudsperson for gender equality, women experienced discrimination in employment, including in pay and promotion to managerial and executive positions. Women generally held lower-paying positions in the workforce.

The 2019 annual report of the ombudsperson for disabilities assessed limited growth of employment of persons with disabilities, putting persons with disabilities at greater risk for poverty, especially because of low salaries and pensions. The Agency for Professional Rehabilitation and Employment of Persons with Disabilities reported that in 2019 companies, state institutions, and civil society organizations had to pay 200 million kuna ($31.6 million) in fines for not satisfying hiring quotas of 3 percent of employees being persons with disabilities in workplaces with more than 20 employees. According to LGBTI advocacy organizations, although legislation protects LGBTI employees against discrimination at the workplace, employers did not have adequate policies and procedures in place to provide protection against discrimination based on sexual orientation or gender identity. NGOs reported LGBTI persons sometimes refrained from publicly revealing their sexual orientation or gender identity because they were vulnerable to termination of employment or demotion.

Cuba

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits workplace discrimination against persons based on skin color, gender, religious belief, sexual orientation, nationality, “or any other distinction harmful to human dignity,” but it does not explicitly protect political opinion (see section 7.a.), social origin, disability, age, language, gender identity, or HIV-positive status or other communicable diseases. No information was available on government enforcement of these provisions during the year.

The government continued to use politically motivated and discriminatory dismissals against those who criticized the government’s economic or political policies. The government deemed persons “unfit” to work because of their political beliefs, including their refusal to join an official union, and for trying to depart the country illegally. The government penalized professionals who expressed interest in emigrating by limiting their job opportunities or firing them. A determination that a worker is “unfit” to work can result in job loss and the denial of job opportunities. The government did not effectively enforce applicable law, and penalties were not commensurate with laws related to civil rights, such as election interference. Persons forced out of employment in the public sector for freely expressing themselves were often further harassed after entering the emerging but highly regulated self-employment sector.

For example, Jorge Felix Vazquez Acosta was dismissed from his job in the Hotel Packard when his superiors learned in May he was against socialism. The hotel was owned by a subsidiary of the army-owned conglomerate Grupo de Administracion Empresarial S.A. and operated by European company Iberostar. A letter signed by the hotel’s deputy director stated Vazquez Acosta was fired for comments “against our socialist system and the constitutional reform” as well as actions that “undermine the political-ideological state that should prevail in our workers.” In the military-controlled tourism sector, military intelligence officers were often embedded in companies’ staff to investigate the political loyalty of employees and fire individuals such as Vazquez Acosta when they were identified as holding views critical of the government.

Discrimination in employment occurred against members of the Afro-Cuban and LGBTI populations, especially in the state-owned but privately operated tourism sector. Leaders within the Afro-Cuban community noted some Afro-Cubans could not get jobs in better-paying sectors such as tourism and hospitality because they were “too dark.” Afro-Cubans experienced low job security and were underrepresented in the business and self-employed sector, frequently obtaining lower-paying jobs, including cleaning and garbage disposal, which had no interaction with tourists, a major source of hard currency.

Hiring practices in the private sector were racist, colorist, and sexist. A job posting for an accounting or finance position usually called for women with lighter or olive skin, blonde hair, and physically fit. Postings for bodyguards and security jobs normally sought male candidates of color, who were perceived as being stronger than other races.

There was no information available showing whether the government effectively enforced applicable law.

Cyprus

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits direct or indirect discrimination with respect to employment and occupation based on race, national origin or citizenship, sex, religion, political opinion, gender, age, disability, and sexual orientation. The government did not effectively enforce these laws or regulations and penalties for violations were not commensurate with those for other civil rights laws. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, and HIV-positive status.

Despite a strong legal framework, the Ministry of Labor and Social Insurance’s enforcement of the law governing employment and labor matters with respect to women was ineffective. The law requires equal pay for equal work. Women experienced discrimination in such areas as hiring, career advancement, employment conditions, and pay. European Institute for Gender Equality data indicated the average pay gap between men and women was 13.7 percent in 2017. NGOs reported the relatively small overall gender pay gap masked significant vertical and occupational gender segregation. The ombudsman reported receiving complaints related to gender discrimination and sexual harassment in the workplace.

Discrimination against Romani migrant workers occurred. Turkish Cypriots faced social and employment discrimination (see section 6).

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Area Administered by Turkish Cypriots

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.

According to the ombudsperson’s report, discrimination at work accounted for the greatest number of complaints to the ombudsman in 2019 (31 percent). Similar to the previous year, most complaints in 2019 were for discrimination based on age, gender, and disability.

A survey issued in October of all 90 discrimination cases addressed by courts in 2015-19 showed that 60 percent of them were employment related, mainly on the grounds of age and gender. Overall, 46 percent of the lawsuits were filed against public employers and 19 percent concerned alleged discrimination against workers in education. Some 60 percent of complainants in labor disputes in the courts were women. The court dismissed 46 percent of employment discrimination cases.

The government effectively enforced the law. Penalties were commensurate with those for similar violations, and inspection and remediation were sufficient to enforce compliance. The SBLI conducted checks for unequal treatment and discrimination in 2019 and imposed penalties for violations of discrimination laws, mostly for noncompliance with the requirement to employ a specific number of persons with disabilities, discrimination due to health conditions, gender, and age, or the publication of discriminatory job advertisements. The SBLI recorded a slight increase in cases regarding unequal treatment and discrimination at work in 2019 (269 cases) compared with 2018 (267 cases).

Women’s salaries lagged behind men’s by approximately 22 percent. The Ministry of Labor and Social Affairs started introducing a testing tool for employers that evaluates gender pay gaps in an organization as part of the “22 percent towards equality” project. The testing tool highlights pay gaps and sensitizes management to disparities in remuneration.

Associations supporting HIV-positive individuals reported cases of employment 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.

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 not commensurate with other violations of civil rights.

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 ILO, 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. There were known legal restrictions on women’s employment in occupations deemed arduous. Persons with disabilities, including 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. The law prohibits discrimination and harassment on the basis of race, skin color, or ethnic origin; gender; religion or faith; sexual orientation; national or social origin; political views; age; and disability. The law does not explicitly prohibit discrimination based on HIV/AIDS or refugee status. Penalties for violations include fines and imprisonment and are generally commensurate with those for similar 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. A decree adopted on the proposal of the minister of labor and the minister of health, at the suggestion of the National Council for Labor, Employment, and Vocational Training, determines the jobs and categories of businesses prohibited for women, pregnant women, and young persons, and the age limit to which the ban applies. There were legal restrictions for women in employment, including limitations on employment in occupations requiring certain levels of physical strength. The Protection Law addressed discrimination against women in the workplace. The government promoted women-led small businesses, including through expanded access to microcredit.

A presidential decree requires women to hold at least 25 percent of all high-level public service positions, although the government has never implemented the decree.

The Labor Inspectorate did not adequately carry out inspections for discrimination despite an increase in the number of inspectors for the country. Much of the labor market is in the informal sector, and the capacity to reach rural regions is limited. 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.

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 are legal restrictions on employment of women in working at night and in certain industries such as mining, construction, factories, energy, water, and transportation. There were no government programs 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.

Dominican Republic

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution creates a right of equality and nondiscrimination, regardless of sex, skin color, age, disability, nationality, family ties, language, religion, political opinion or philosophy, and social or personal condition. The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation, gender identity, or stateless status. No law mandates equal pay for equal work.

The government did not effectively enforce the law against discrimination in employment, and penalties were not commensurate with penalties for other civil rights violations. Discrimination in employment and occupation occurred with respect to persons with HIV or AIDS, and against persons with disabilities, persons of darker skin color, those of Haitian nationality, and women (see section 6).

In September 2019 the Ministry of the Economy released a report showing the per-hour labor wage gap between men and women continued to increase.

Ecuador

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. The law prohibits employers from using discriminatory criteria in hiring, discriminating against unions, and retaliating against striking workers and their leaders. The government did not effectively enforce those laws and regulations, but penalties were commensurate with laws related to civil rights, such as election interference.

Employment discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. In 2018 the National Assembly approved a series of labor reforms for employees in the public and private sectors to prevent workplace harassment.

The National Institute for Statistics and Census (INEC) announced the unemployment rate in June was 15.7 percent for women and 11.6 percent for men, compared with 5.5 percent and 3.7 percent, respectively, in June 2019. Although INEC did not release further disaggregated gender employment information, economic analysts stressed women were disproportionately affected in some sectors hardest hit by social distancing and workhour reduction measures, including tourism, floriculture, and domestic services.

A labor association reported female health-care personnel in public hospitals nationwide were equipped with ill-fitting medical and protective equipment for treating patients diagnosed with COVID-19, as the majority of the equipment was provided in men’s sizes, although women represented nearly two-thirds of social and health-care service workers.

Afro-Ecuadorians continued to demand more opportunities in the workforce and complained that employers often profiled them based on their job application photographs and racial stereotypes. At the conclusion of a December 2019 official country visit, the UN Working Group of Experts on People of African Descent expressed concern about reports of impunity and also human rights abuses and violations against farm workers, the majority of whom were Afro-descendants, at banana plantations owned by Japanese subsidiary company Furukawa Plantations C.A. The Working Group was also concerned by “the lack of access to justice for people of African descent” seeking reparations for injuries doing agricultural work, and welcomed the Constitutional Court’s commitment to address the backlog of labor cases against agricultural employers. Indigenous and LGBTI individuals as well as persons with disabilities also experienced employment discrimination.

Egypt

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution states all citizens “are equal in rights, freedoms, and general duties without discrimination based on religion, belief, gender, origin, race, color, language, disability, social class, political or geographic affiliation, or any other reason.” While discrimination is a civil violation, penalties for other analogous violations of civil rights, such as those related to election interference, were punishable by imprisonment. The country has legal restrictions against women in employment to include limiting working hours at night, occupations such as mining, construction, factories, agriculture, energy, and jobs deemed hazardous, arduous, or morally inappropriate. It does not specify age, citizenship, sexual orientation, gender identity, or HIV-positive status or other communicable diseases. In April 2019 the Justice Ministry started its first training course for 22 employees working at the state’s real estate departments in Giza and Cairo to use sign language to help persons with disabilities fill out documents. The training came as part of a cooperation protocol signed in January 2019 between the Justice Ministry and the newly established NCPD. While the law provides for persons with disabilities to gain access to vocational training and employment, the government did not effectively enforce prohibitions against such discrimination. Discrimination also occurred against women and migrant workers (see sections 2.d. and 6), as well as workers based on their political views.

An employee facing discrimination can file a report with the local government labor office. If the employee and the employer are unable to reach an amicable settlement, they can file their claim in administrative court, which may order the employer to redress the complaint or to pay damages or legal fees. According to local rights groups, implementation of the law was inadequate. Additionally, the lengthy and expensive litigation process could deter employees from filing claims. In January the Ministry of Culture rescinded the appointment of artist Mona Al Qammah, who wore a niqab, from a managerial position in Behira Governorate. Al Qammah told the BBC the decision to cancel her appointment came after several online posts claimed she was an ISIS sympathizer and criticized her for wearing the niqab.

Local rights groups reported several cases of employers dismissing workers or depriving them from work for expressing antigovernment opinions.

In August the Ministry of Religious Endowments revoked the preaching license of an Al Azhar preacher after accusing him of membership in the banned Muslim Brotherhood and calling for violence.

El Salvador

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution, labor laws, and state regulations prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin (except in cases determined to protect local workers), social origin, gender, disability, language, or HIV-positive status. The government did not effectively enforce those laws and regulations, and penalties were not commensurate to laws related to civil rights, such as election interference. Sexual orientation and gender identity are not protected in the constitution or labor law, although the PDDH and the Ministry of Labor actively sought to protect workers against discrimination on those grounds.

Discrimination in employment and occupation occurred with respect to gender, disability, and sexual orientation or gender identity (see sections 6 and 7.e.). According to the Ministry of Labor, migrant workers have the same rights as citizens, but the ministry did not effectively protect their rights.

As of May the Ministry of Labor had not received complaints of disability discrimination but had received six complaints of gender-based discrimination. The law, reformed in 2018, prohibits the dismissal of women returning from maternity leave for up to six months.

Equatorial Guinea

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination based on race, skin color, sex, religion, political opinion, national origin, social status, or union affiliation. Labor laws do not prohibit discrimination based on age, disability, sexual orientation, language, HIV/AIDS status, or refugee or stateless status. The government did not effectively enforce these laws and regulations. Penalties were not commensurate to laws related to civil rights. Discrimination in employment and occupation occurred with respect to political affiliation, ethnicity, sex, sexual orientation, disability, and HIV/AIDS status. Discrimination against foreign migrant workers occurred. High-ranking members of independent opposition parties were unable to find work and were barred from government employment.

The government does not have an agency responsible for the protection of persons unable to work due to permanent or temporary illness or other health conditions. The Ministry of Labor and Social Security did not effectively enforce the legal mandate to employ a specific percentage of persons with disabilities in companies with 50 employees or more, nor did the government take steps to accommodate them in the workplace.

The country continued to have large gender gaps in education, equal pay, and employment opportunities. Deep-rooted stereotypes and ethnic traditions impeded women’s employment opportunities. Women mostly worked in the informal sector, where they did not have access to benefits or social security. The lack of enforcement left women vulnerable to discrimination, but they rarely complained due to fear of reprisals. The government did not maintain accurate or updated statistics on unemployment generally, nor by segment of society.

Eritrea

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment and occupation discrimination based on race, color, sex, disability, social origin, nationality, political orientation, or religion. The law does not prohibit discrimination on the basis of sexual orientation or gender identity, HIV-positive status, language, or age. It is unclear whether the government effectively enforced antidiscrimination laws; levied penalties were not made public and might not have been commensurate with penalties for breaking other laws related to civil rights.

Discrimination against women was common in the workplace and occurred in an environment of impunity. The law does not criminalize sexual harassment (see section 6, Women).

Estonia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation. The government generally enforced the law, and penalties were commensurate with those under laws related to civil rights. If workers claimed discrimination and turned to the courts, and the Labor Inspectorate or gender equality commissioner and the appropriate institution found the suit justified, workers were indemnified by employers. Labor laws and regulations require employers to protect employees against discrimination, follow the principle of equal treatment, and promote equal treatment and gender equality. Nevertheless, discrimination in employment or occupation occurred with respect to age, gender, disability, ethnicity, and language (see section 6), and there were complaints to the gender and equal treatment commissioner, the legal chancellor, and the Labor Inspectorate.

Although women have the same rights as men under the law and are entitled to equal pay for equal work, employers did not always respect these rights. Despite having a higher average level of education than men, according to government statistics, women’s average earnings per hour were 17.1 percent lower than those of men. There continued to be female- and male-dominated professions. Women constituted one-third of mid-level managers.

Fewer than 25 percent of persons with disabilities had jobs. During the year the legal chancellor and the commissioner for gender equality and equal treatment received claims of discrimination based on disability. Persons with disabilities faced discrimination in employment and access to the workplace.

Russian speakers worked disproportionately in blue-collar industries and continued to experience higher unemployment than ethnic Estonians. Some citizens and noncitizen residents, particularly native speakers of Russian, alleged that the language requirement resulted in job and salary discrimination. Roma reportedly faced discrimination in employment (see section 6, Members of National/Racial/Ethnic Minority Groups).

Eswatini

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, gender, language, HIV/AIDS or other communicable disease status, religion, political views, or social status. The law does not prohibit discrimination based on age, sexual orientation, and gender identity.

The government did not enforce the law consistently. Gender-based discrimination in employment and occupation occurred (see section 6). While women have constitutional rights to equal pay and treatment and may take jobs without the permission of a male relative, there were few effective measures protecting women from discrimination in hiring, particularly in the private sector. The average wage rates for men by skill category consistently exceeded those of women.

Persons with disabilities faced discrimination in hiring and access to work areas. The government did not effectively raise awareness of or enforce disability and employment law provisions. Openly LGBTI persons were subject to discrimination in employment and to social censure.

Migrant workers enjoy the same legal protections, wages, and working conditions as citizens but sometimes faced discrimination in employment due to societal prejudice against foreigners.

Ethiopia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, ethnicity, national origin, nationality, gender, marital status, religion, political affiliation, political outlook, pregnancy, socioeconomic status, disability, or “any other conditions.” The law prohibits discrimination in respect of employment and occupations. Authorities, however, enforced these rights unevenly. The law specifically recognizes the additional burden on pregnant women and persons with disabilities. The penalty for conviction of discrimination on any of the above grounds was not commensurate with those for comparable offenses. The government took limited measures to enforce the law. Sexual orientation, gender identity, and HIV-positive status have no basis for protection under the law.

There were legal restrictions on women’s employment, including limitations on occupations deemed dangerous and in industries such as mining and agriculture. Women had fewer employment opportunities than men. The law did not require, and the jobs available did not provide, equal pay for equal work. Discrimination in employment and occupation occurred on the basis of sexual orientation and gender identity.

In June the government adopted a directive to determine the procedure for refugees’ right to work following the ratification of a Refugee Proclamation in 2019. The right to work directive states that refugees and asylum seekers may have the opportunity to work on a development project supported by the international community that economically benefits both refugees and citizens or to earn wages through self-employment.

Fiji

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination on the basis of ethnic origin, color, place of origin, gender, sexual orientation, birth, primary language, economic status, age, disability, HIV/AIDS status, social class, marital status (including living in a relationship in the nature of a marriage), employment status, family status, opinion, religion, or belief.

The law also stipulates that every employer pay male and female workers equal pay for work of equal value. The law prohibits women working underground but places no other legal limitations on the employment of women. Workers may file legal complaints of sexual harassment in the workplace.

The government did not provide data on the enforcement of antidiscrimination provisions. Penalties for employment discrimination include fines and imprisonment and were commensurate with those for laws related to civil rights.

Discrimination in employment and wages occurred against women and persons with disabilities. Women generally received less pay than men for similar work. The nongovernmental Fiji Disabled People’s Association reported most persons with disabilities were unemployed due in significant part to discrimination by employers.

Finland

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law broadly prohibits employment discrimination. Penalties for violations are commensurate with those for other similar crimes. The government effectively enforced applicable laws against employment discrimination.

The Occupational Safety Administration (OSHA) received 500 reports of workplace discrimination in 2019. Of the 180 reports that resulted in further inspection, 9 percent concerned ethnicity, nationality, language, or religion, a number similar to previous years, 9 percent concerned age discrimination, and 4 percent concerned disability.

Hong Kong

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race or ethnicity, disability, family status (marital status or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on those grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation or gender identity, HIV or other communicable disease status, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those violating these laws and regulations.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who were more likely to hold low-paying, low-skilled jobs and earn below-average wages. Experts assessed that a lack of Chinese-language skills was the greatest barrier to employment.

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China | Macau | Tibet

Macau

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines, and the government generally enforced the law effectively. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

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Macau

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

Tibet

Section 7. Worker Rights

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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