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Jordan

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination with respect to employment and occupation on the basis of race, disability, language, political opinion, national origin, citizenship, age, sexual orientation, gender identity, HIV-positive status, other communicable diseases, or social status.

The law requires private companies to hire workers with disabilities, forbids employers from firing employees solely because of a disability, and directs employers to make their workplaces accessible to persons with disabilities. Citizens and NGOs, however, reported that persons with disabilities faced problems obtaining employment. In December 2019 a coalition of 20 NGOs, private- and public-sector organizations, and disabilities advocates issued a position paper on labor law related to persons with disabilities. An NGO held discussions between government stakeholders and the HCD to review the Ministry of Labor’s Employment Bylaw. In January a group of disabilities advocates and activists held discussions at the Civil Service Bureau to reassess employment mechanisms for persons with disabilities.

Discrimination in employment and occupation also occurred with respect to gender, national origin, and sexual orientation (see section 6).

The law places restrictions on professions women are allowed to pursue, normally only “socially acceptable” positions such as nursing and teaching. By law the minister of labor issues decisions specifying the industries and economic activities that are prohibited for women, as well as the hours during which they are allowed to work. Women are prohibited from working in quarries and other hazardous environments, and are not allowed to work between 8 p.m. and 6 a.m. except in hotels, theaters, restaurants, airports, offices of tourism, hospitals, clinics, and some transportation industries. Evening work for women is limited to 30 days per year and a maximum of 10 hours per day. These restrictions limit job competition in favor of men. The Civil Service Ordinance of Jordan discriminates on the allocation of benefits such as the family allowance and cost of living allowance, which are higher for men than for women.

In October 2019 the Ministry of Labor increased the number of professions closed to foreign workers from 11 to 28, with the stated purpose of creating job opportunities in the private sector for Jordanian youth. The decision includes not renewing previously granted foreign worker permits for any of these closed professions. Amendments to the labor law passed during the year prohibit discrimination in wages based solely on gender, and include labor law protections for flexible and part-time work contracts.

Union officials reported that sectors predominantly employing women, such as secretarial work, offered wages below the official minimum wage. The law prohibits women from working in technical roles. Many women reported traditional social pressures discouraged them from pursuing professional careers, especially after marriage. According to the Department of Statistics, for the second quarter of the year, economic participation by women was 14.1 percent, and unemployment among women holding a bachelor’s degree was 78.2 percent, compared with 26 percent for men. The female unemployment rate was 28.6 percent, compared with a male unemployment rate of 21.5 percent and the overall unemployment rate of 23.1 percent.

According to the Employment Ministry, Egyptians make up the majority of foreign workers in the country. Jordan exports highly skilled and educated workers while hosting unskilled migrants to perform lower-level jobs its citizens avoid. NGOs reported foreign workers, including garment workers and domestic workers, were especially vulnerable to gender-based violence, sexual harassment, and sexual assault in the workplace. Lawyers criticized the law on harassment in the workplace, saying it did nothing to hold perpetrators of harassment accountable and only assisted victims by allowing them to resign.

Some persons with disabilities faced discrimination in employment and access to the workplace despite the law, which requires any workplace over 50 employees to have 4 percent or more of its employees be persons with disabilities. According to the Ministry of Labor, agreements were signed with private sector companies to ensure implementation of the 4-percent requirement and to allow the ministry to conduct inspections. Some migrant workers faced discrimination in wages, housing, and working conditions (see section 7.e.).

The Ministry of Labor implemented a three-year program on “Economic Empowerment and Social Participation of Persons with Disabilities.” Through the program, 13 instructors were certified to train civil society organizations, private sector companies, and the public sector. The ministry continued to implement a sign language program and offer simultaneous interpretation devices across the ministry’s departments. The Ministry also allocated 80,000 dinars ($113,000) from its budget towards the Employment of Persons with Disabilities Department.

Kazakhstan

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

By law transgender individuals are effectively barred from working in law enforcement agencies or serving in the military. Law and regulations prohibit discrimination with respect to employment and occupation based on gender, age, disability, race, ethnicity, language, place of residence, religion, political opinion, affiliation with tribe or class, public associations, or property, social, or official status. The law does not specifically prohibit discrimination with respect to laws related to employment and occupation based on sexual orientation, gender identity, HIV-positive status, or having other communicable diseases. The law prohibits specific listed conditions or diseases to work in law enforcement agencies or serve in the military. The government effectively enforced the law and regulations. Discrimination is an administrative offense punishable by a fine that is not sufficient to deter violations. Some cases like illegal termination of labor contracts due to pregnancy, disability, or minority are considered criminal offenses and are punishable by penalties which are sufficient to deter violations related to civil rights, such as election interference.

Discrimination, however, occurred with respect to employment and occupation for persons with disabilities, transgender persons, orphans, and former convicts. Transgender persons experienced workplace discrimination and have been repeatedly fired for their identity. Disability NGOs reported that despite government efforts, obtaining employment was difficult for persons with disabilities. The law does not require equal pay for equal work for women and men. NGOs reported no government body assumes responsibility for implementing antidiscrimination legislation and asserted the law’s definition of gender discrimination did not comply with international standards.

The law prohibits women from performing work in harmful conditions that require them to lift or move heavy loads. On August 6, Human Rights Commissioner Elvira Azimova proposed to amend the law to provide for equal labor rights for men and women by repealing the list of harmful and hazardous occupations prohibited for women. She particularly asked for elimination of the provision to deny employment to a female applicant in nuclear power, oil and gas, metals and mining, or petrochemical industries if working conditions are not deemed safe. In response, and in line with the recommendations of the UN Committee on the Elimination of Discrimination against Women, the country committed to annul the list of hazardous industries to specify equal access to all jobs.

In June 2019 a fight occurred at the Chevron-operated Tengiz oilfield between local and foreign workers, resulting in 45 injuries. A leading cause of the conflict was discontent among local workers who complained of wage discrepancy between local and foreign workers with similar qualifications. Following the incident the Ministry of Labor and Social Protection launched a series of inspections at companies employing foreign workers. The ministry reported the following violations: 1) foreign workers were paid 30-50 percent more than local workers; 2) local workers were paid in local currency, while foreign workers were paid in U.S. dollars; and 3) some foreign workers occupied positions that differed from that described on the work permits. These violations are punishable by fines, annulment of work permits, or deportation of a company’s foreign workforce. In February media reported the governor of a province bordering China stated he would seek the deportation of dozens of Chinese workers to defuse the local population’s fears of COVID-19.

In December 2019 the Labor and Social Protection Ministry and the Prosecutor General’s Office discovered 930 violations of law in 95 companies that employed foreigners. The most frequent violations revealed by the inspection included labor done by foreign workers that did not correspond to their work permits and discrepancies between education and job positions of foreign workers. In February Minister of Labor and Social Protection Birzhan Nurymbetov threatened companies that provide unequal living conditions for local and foreign workers with administrative actions. The ministry intended annually to inspect companies that employ more than 250 persons, including more than 30 foreign workers. Article 1 of the labor law was amended in May to provide for equal pay and equal working and living conditions with no discrimination.

Kenya

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, sex, ethnicity, religion, and several other criteria, but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes explicitly prohibit discrimination against persons with disabilities; provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; provide tax relief and incentives for such persons and their organizations; and reserve 30 percent of public-procurement tenders for women, youth, and persons with disabilities.

The government did not effectively enforce the law. Penalties for discrimination were not commensurate with those for comparable offenses. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, received slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but it was more frequently experienced by women. Women who tried to establish their own informal businesses were subjected to discrimination and harassment.

Many county governors appointed and employed disproportionate numbers of the dominant tribe in their county, bypassing minority groups. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).

In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group. A report detailing the ethnic composition of 417 senior civil service staff tabled at the Senate in September indicated that four tribes dominated high-level management positions in civil service. The dominant ethnic community had 29 percent of the 417 positions, while the second had 10 percent.

The law provides protection for persons with disabilities against employment discrimination, although many employers discriminated against persons with disabilities during hiring processes (see section 6, Persons with Disabilities). Due to societal discrimination, there were very limited employment opportunities for persons with albinism. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.

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