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Libya

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The Constitutional Declaration provides for a right to work for every citizen and prohibits any form of discrimination based on religion, race, political opinion, language, wealth, kinship, social status, and tribal, regional, or familial loyalty. The law does not prohibit discrimination based on age, gender, disability, sexual orientation or gender identity, social status, HIV-positive status, or having other communicable diseases. The law does not specifically prohibit discrimination based on an individual’s employment or occupation. The limitations of the central government restricted its ability to enforce applicable laws. Discrimination in all the above categories likely occurred.

Women faced discrimination in the workplace. The law prohibits women from working in jobs that are deemed morally inappropriate. Regulations issued by the General People’s Committee prohibit women from working in roles that are unsuited to their nature as women, and women’s work hours may be reduced for certain professions and occupations determined by the General People’s Committee that takes into account the requirements of the work and the proportion of male and female workers, as set forth in implementing regulations under the law. Observers reported that authorities precluded hiring women for positions in the civil service. They reported social pressure on women to leave the workplace, especially in high-profile professions such as journalism and law enforcement. In rural areas societal discrimination restricted women’s freedom of movement, including to local destinations, and impaired their ability to play an active role in the workplace.

On October 15, UNHCR resumed charter flights from Libya, ending a seven-month suspension due to the pandemic. As of October 19, nearly 3,200 migrants trying to reach Europe via Tripoli’s rocky coastline (including unaccompanied children younger than 18 and refugees) were still confined in squalid and overcrowded conditions in 11 detention centers that lacked adequate food and water. UNHCR evacuated nationals from primarily the sub-Saharan countries of Eritrea, Somalia, Sudan, and South Sudan. This second UNHCR flight during the year evacuated 501 migrants from Libya, including 221 individuals who were resettled in Europe. As of year’s end, more than 200 migrants drowned and more than 280 went missing while trying to cross the Mediterranean to Europe, and more than 9,800 were intercepted and returned to Libya.

Madagascar

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit workplace discrimination based on race, gender, religion, political opinion, origin, or disability. A special decree on HIV in the workplace bans discrimination based on serology status. The law does not prohibit discrimination based on sexual orientation or gender identity, age, color, ethnicity or refugee and statelessness status. The government did not effectively enforce the law and penalties were not commensurate with those for other violations of civil rights. Discrimination remained a problem. Employers subjected persons with disabilities and LGBTI individuals to hiring discrimination. Stateless persons had difficulty accessing employment, and refugees and asylum seekers were barred from employment. Members of some evangelical churches reported limited access to employment if their Sabbath was not on Sunday.

In rural areas where most of the population engaged in subsistence farming, traditional social structures tended to favor entrenched gender roles, leading to a pattern of discrimination against women. While there was little discrimination in access to employment and credit, women often did not receive equal pay for substantially similar work. The law does not permit women to work in positions that might endanger their health, safety, or morals. According to the labor and social protection codes, such positions included night shifts in the manufacturing sector and certain positions in the mining, metallurgy, and chemical industries.

Mongolia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation based on nationality, language, race, age, gender, sexual orientation, sex or marital status, social origin or status, wealth, religion, ideology, education, or medical status. It also prohibits employers from refusing to employ a person with disabilities but provides broad exceptions, applying “unless the condition of such person prevents him from performing a specified activity or would otherwise be contrary to established working conditions at the workplace.” The law prohibits employers from refusing employment to or dismissing an individual diagnosed with HIV or AIDS unless the condition makes it difficult to perform job duties. The law also prohibits women from working in occupations that require heavy labor or exposure to chemicals that could affect infant and maternal health.

The government enforced the law inconsistently, and discrimination occurred in employment and occupation based on sex and disability, as well as on sexual orientation, gender identity, and HIV status. Penalties were not commensurate with those for similar violations.

The law charges employers with taking steps to prevent sexual harassment in the workplace, including by establishing internal rules about sexual harassment and the redress of complaints, but provides no penalties. The NHRC reported poor knowledge of the law’s sexual harassment provisions among both employers and employees. The CMTU organized a campaign in July and August to raise awareness of sexual harassment, put an end to workplace coercion and harassment, and urge the implementation of recommendations on sexual harassment.

The NHRC found employers were less likely to hire, promote, or provide professional development opportunities to women. According to a survey conducted by the National Statistical Office in September, the monthly wages paid to men were, on average, 20 percent higher than those paid to women.

Although the law requires workplaces with more than 25 employees to employ a minimum of 4 percent of persons with disabilities or pay a fine, NGOs reported a reluctance to hire them persisted. They also noted the government itself failed to meet the quota. Members of the disability community noted that, even when hired, the lack of accessible public transport made it difficult for persons with disabilities to hold a job (see section 6, Persons with Disabilities).

The Labor Ministry’s Department for the Development of Persons with Disabilities is responsible for developing and implementing employment policies and projects for persons with disabilities. Government organizations and NGOs reported employers’ attitude toward employing persons with disabilities had not improved and that many employers still preferred to pay fines to the Employment Support Fund maintained by the Labor Ministry rather than employ persons with disabilities.

NGOs, the NHRC, and members of the LGBTI community reported companies rarely hired LGBTI persons who were open about their sexual orientation or gender identity, and LGBTI persons who revealed their status in the workplace frequently faced discrimination, including the possibility of dismissal. Illegally dismissed LGBTI persons rarely sought court injunctions to avoid disclosing their status and increasing the risk of discrimination.

Foreign migrant workers did not receive the same level of protection against labor law violations as the general population.

New Zealand

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the grounds of age, sex (gender) or sexual orientation; marital or relationship status; religious or ethical beliefs; skin color, race, ethnicity or country of origin; disability, impairment or illness; political opinions; and employment status. The government effectively enforced these prohibitions, and penalties were commensurate with laws related to civil rights.

The Human Rights Commission has an equal opportunity employment team that focuses on workplace gender-related problems. This team regularly surveyed pay scales, conducted a census of women in leadership roles, and engaged public and private employers to promote compensation equality. The Office of Ethnic Affairs continued to take measures to promote ethnic diversity in occupation and employment.

According to the New Zealand Council of Trade Unions (NZCTU), Maori and Pacific Island persons–and Maori and Pacific Island women in particular–remained disadvantaged compared with the general population in terms of conditions of employment and wages. According to the NZCTU, across all sectors, the female-male gender pay imbalance in late 2019 was minus 12 per cent for the population as a whole, minus 22 per cent for Maori women, and minus 25.5 per cent for Pacific Island women.

Nigeria

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination in employment and occupation based on race, sex, religion, political opinion, gender, language, sexual orientation, gender identity, age, HIV-positive status, or social status. The government did not effectively address discrimination in employment or occupation except in the area of discrimination against persons with disabilities. Penalties were not commensurate with those for similar violations. Gender-based discrimination in employment and occupation occurred (see section 6, Women). Women are legally barred from particular fields of employment, such as mining. Women often experienced discrimination due to traditional and religious practices. Police regulations provide for special recruitment requirements and conditions of service applying to women, particularly the criteria and provisions relating to pregnancy and marital status.

In January 2019 the government adopted the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, which prohibits discrimination against persons with disabilities, giving them the right to education without discrimination or segregation; the right to work on an equal basis with others, including the right to opportunity to gain a living by work freely chosen or accepted in a labor market and work environment that is open. The act further provides that “all employers of labor in public organizations shall, as much as possible, have persons with disabilities constituting at least 5 percent of their employment.”

NGOs expressed concern regarding discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and salary equity. According to credible reports, many businesses implemented a “get pregnant, get fired” policy. Women remained underrepresented in the formal sector where labor protections and higher wages applied. Women did not receive equal pay for equal work and often encountered difficulty in acquiring commercial credit or obtaining tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination. Several states had laws mandating equal opportunity for women.

Employers frequently discriminated against persons with HIV and AIDs. The government spoke out in opposition to such discrimination, calling it a violation of the fundamental right to work.

North Macedonia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations generally prohibit discrimination based on race, sex, gender, disability, health status, political opinion, religion, age, national origin, language, or social status. The law does not specifically address discrimination based on HIV or other communicable disease status but does refer to the health status of employees. The government did not always enforce the laws effectively, although penalties for violations were commensurate with those of other laws related to civil rights.

Despite government efforts and legal changes for mandatory inclusion in primary and high school education, Roma continued to live in segregated groups without proper health and social protection, mostly due to lack of registration documents. Data from the national employment agency showed that due to low participation in the education system, particularly higher education, Roma generally had difficulties finding jobs in the formal economy. Women’s wages lagged behind those of men, and few women occupied management positions. Per Articles 131 and 160 of the Labor Relations Law, women are prohibited from working in certain “high risk” and “physically demanding” positions in the mining and construction industries. The government made efforts to prevent discrimination in hiring and access to the workplace for persons with disabilities.

The Office of the Ombudsman reported some progress in improving the representation of smaller nonmajority communities in public administration working-level ranks, but not at the managerial level.

During the year the ombudsman received two complaints regarding employment discrimination on ethnic grounds and determined that one of the two cases represented a bona fide case of discrimination.

Philippines

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on age, sex, race, creed, disability, HIV or tuberculosis or hepatitis B status, or marital status. The law does not prohibit employment discrimination with respect to color, political opinion, national origin or citizenship, language, sexual orientation, gender identity, other communicable disease status, or social origin. While some local antidiscrimination ordinances exist at the municipal or city levels that prohibit employment discrimination against lesbian, gay, bisexual, and transgender–but not intersex–persons, there was no prohibition against such discrimination in national legislation.

The law requires most government agencies and government-owned corporations to reserve 1 percent of their positions for persons with disabilities; government agencies engaged in social development must reserve 5 percent. The law commits the government to providing “sheltered employment” to persons with disabilities, for example in workshops providing separate facilities. The Labor Department’s Bureau of Local Employment maintained registers of persons with disabilities that indicated their skills and abilities and promoted the establishment of cooperatives and self-employment projects for such persons.

Persons with disabilities nonetheless experienced discrimination in hiring and employment. The Labor Department estimated that only 10 percent of employable persons with disabilities were able to find work. Between January and July, no cases were filed to enforce the law. The government did not effectively monitor laws prohibiting employment discrimination or promoting the employment of persons with disabilities. Penalties were commensurate with other crimes.

The government had limited means to assist persons with disabilities in finding employment, and the cost of filing a lawsuit and lack of effective administrative means of redress limited the recourse of such persons when prospective employers violated their rights.

Discrimination in employment and occupation against LGBTI persons occurred; a number of LGBTI organizations submitted anecdotal reports of discriminatory practices that affected the employment of LGBTI persons. Discrimination cases included the enforcement of rules, policies, and regulations that disadvantaged LGBTI persons in the workplace.

Women faced discrimination both in hiring and on the job. Some labor unions claimed female employees suffered punitive action when they became pregnant. Although women faced workplace discrimination, they occupied positions at all levels of the workforce.

Women and men were subject to systematic age discrimination, most notably in hiring.

Poland

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation in any way, directly or indirectly, on all grounds, in particular on the grounds of race, sex, color, religion, political opinion, national origin, ethnic origin, disability, sexual orientation, age, or trade union membership, and regardless of whether the person is hired for definite or indefinite contracts, or for full- or half-time work. The law does not specifically prohibit such discrimination based on language, HIV-positive status, gender identity, or social status. According to the Polish Society for Antidiscrimination Law, by law the accused must prove that discrimination did not take place. In the case of labor contracts that are protected by law, antidiscrimination measures are adequate, and judges know how to apply them. Civil contracts are protected under antidiscrimination law, which prohibits unequal treatment in employment on the basis of gender, race, ethnic origin, nationality, religion, belief, viewpoint, disability, age, or sexual orientation. According to the society, it is relatively straightforward for claimants to assert discrimination occurred during court proceedings; however, very few employees come forward and report discrimination at the workplace. The government enforced applicable law, but penalties for violations were not commensurate with those of similar laws related to civil rights.

On September 29, the Warsaw District Court ruled an employer discriminated against a transgender woman worker by requiring her to wear a male uniform. The woman’s lawyer said it was the first time that a Polish court affirmed a legal prohibition on discrimination against transgender persons in the workplace.

On May 28, the Warsaw district prosecutor’s office announced charges against a human resources manager at an IKEA store for dismissing an employee after he posted quotes from the Bible on the company’s intranet website to imply gay persons deserved death. Prosecutors argued the manager violated the employee’s religious rights. On June 2, several dozen NGOs working on nondiscrimination and equal treatment issued a statement protesting the decision to press charges, arguing that the manager properly fulfilled her duties by preventing discrimination in the workplace. On November 27, the Krakow District Court began a criminal trial against the human resources manager. On November 10, a labor branch of the Krakow court started a labor dispute case against IKEA that was initiated by the fired employee. The employee demanded compensation and the right to return to work.

Discrimination in employment and occupation occurred with respect to gender, age, minority status, disability, political opinion, sexual orientation, gender identity, and trade union membership. According to NGOs, sexual harassment at the workplace was an underreported problem, and police statistics showed a low number of identified offenses (107 in 2019, the latest statistics available). Discrimination against Romani workers also occurred (see section 6, Members of National/Racial/Ethnic Minority Groups).

Rwanda

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on ethnic origin, family or ancestry, clan, race, sex, region, religion, culture, language, and physical or mental disability, as well as any other form of discrimination. The constitution requires equal pay for equal work.

There were no known legal restrictions to women’s employment in the same occupations, tasks, and working hours as men. The government did not consistently enforce antidiscrimination laws, and there were numerous reports of discrimination based on gender and disability. Women generally enjoyed equal pay for the same work as men, although pay varied across occupations. Persons with disabilities are officially protected from employment discrimination but often faced discrimination in hiring. Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens but sometimes faced discrimination due to societal bias and informal hiring quotas tied to citizenship status.

San Marino

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV/AIDS status or other communicable diseases. The law explicitly mandates equal pay for work of equal value. The law does not specifically prohibit discrimination in access to credit on the basis of sex.

The government effectively enforced these laws and regulations and penalties were commensurate with those for similar violations. There were no official cases of discrimination in employment or occupation brought during the first 11 months of the year.

Singapore

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution provides for equality in employment. No specific antidiscrimination legislation exists, although some statutes prohibit certain forms of discrimination. For example, employers may not dismiss female employees during pregnancy or maternity leave, and employers may not dismiss employees solely due to age, gender, race, religion, nationality, marital status, family responsibilities, disability, or medical condition.

In addition, the Ministry of Manpower’s Fair Consideration Framework requires all companies to comply with the Guidelines of the Tripartite Alliance for Fair and Progressive Employment Practices (guidelines) which cover procedures from recruitment to dismissal so that all employment practices are open, merit based, and nondiscriminatory. These guidelines call for eliminating language referring to age, race, gender, religion, nationality, marital status, family responsibilities, and disability in employment advertisements. Employers are required to provide explanations for putting requirements such as specific language skills in the job advertisement. Penalties for violation of government guidelines are at the discretion of the Ministry of Manpower. There were no similar government guidelines with respect to political opinion, sexual orientation, or HIV or other communicable disease status. The Fair Consideration Framework was updated in January further to prevent workplace discrimination. Personnel involved in making false declaration on fair hiring may now be prosecuted and penalties were increased. Companies found guilty of discrimination may not hire foreigners for at least 12 months, and also may not renew work passes of existing foreign workers. In March, for example, the Ministry of Manpower fined Ti2 Logistics Pte Ltd for making false declarations to hire a foreigner in preference to citizens. In June the Ministry of Manpower introduced new license conditions on all employment agencies requiring them to comply with the guidelines.

The government effectively enforced the guidelines. Penalties were not commensurate to those for other laws related to civil rights but had a deterrent effect.

The guidelines prohibit questions on family status during a job interview. The government supported flexible work policies, although no laws mandate it, and subsidized childcare.

The Tripartite Alliance for Fair and Progressive Employment Practices received and investigated complaints of employment discrimination. In August the Ministry of Manpower announced that it had placed 47 companies on a watch list for engaging in discriminatory hiring practices. According to Ministry of Manpower statistics, reported cases of workplace discrimination based on age, race, and gender decreased from 240 in 2016 to 125 in 2019. In March the government barred five companies from hiring or renewing the work passes of foreign employees for age-related discriminatory hiring, the most common discrimination-based complaint received.

The Council for Board Diversity reported that as of December 2019, women’s representation on boards of the largest 100 companies listed on the Singapore Exchange was 16.2 percent, while women filled 25.1 percent of positions on statutory boards, and 27.8 percent of those on registered NGOs and charities, an increase in all industries compared to June 2019 data. In January the government reported that the adjusted gender pay gap had narrowed to 6 percent from 8.8 percent in 2002 but that occupational segregation continued.

Some ethnic Malays and Indians reported that discrimination limited their employment and promotion opportunities. Malays were prohibited from holding certain sensitive national security positions in the military.

The Tripartite Alliance for Fair and Progressive Employment Practices investigated a July allegation of workplace discrimination at a local shopping center. Employees at the shopping center reportedly told a part-time promoter to remove her hijab while working. After public pressure, the shopping center announced that it would standardize its practice to allow all employees to wear religious headgear while working.

There were also some reports of discrimination based on disability, pregnancy, and sexual orientation or gender identity. Pregnancy is a breach of the standard work permit conditions for foreign workers, and the government cancels work permits and requires repatriation of foreign domestic workers who become pregnant.

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