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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.

Kiribati

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment on the basis of ethnic origin, race, color, religion or political opinion, age, state of health or membership of a trade union, and prohibits sexual harassment. Penalties for violations include fines and were commensurate with other laws related to civil rights. The government effectively enforced the law. There were no formal reports of discrimination in employment and occupation. There are no legal restrictions against women in employment to include limiting working hours, occupations, or tasks. Cultural barriers, however, impeded women from playing a more active role in the economy. Persons with disabilities faced discrimination in hiring and access to worksites.

Kosovo

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment on the basis of race, religion, national origin, sex, ethnicity, disability, age, sexual orientation, gender identity, HIV or AIDS status, or political affiliation. The government did not effectively enforce the law, and penalties were not commensurate with those for similar crimes. Discrimination in employment and occupation occurred across sectors with respect to sex, gender identity, disability, religion, political affiliation, and minority status (see section 6). During the year the BSPK received reports from labor unions and individuals claiming discrimination based on union membership, age, and family status. The BSPK and union officials noted employment, particularly in the public sector, often depended on the employee’s political status and affiliation. Union officials reported other mistreatment, including sexual harassment, based on political party affiliation. The BSPK reported instances of employers discriminating against female candidates in employment interviews and illegally firing women for being pregnant or requesting maternity leave.

University of Pristina officials noted a lack of space for conducting prayers on university premises. The Kosovo Center for Peace reported several cases of female students in Fushe Kosove/Kosovo Polje and Gjakove/Djakovica being denied elementary school access due to wearing religious garb.

Kuwait

Section 7. Worker Rights

Kyrgyzstan

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 sex, race, ethnicity, language, origin, property, official status, age, place of residence, religion, and political convictions, membership in public organizations, or other circumstances irrelevant to professional capacities. The government did not effectively enforce the law, and the penalties were insufficient to deter violations and were not commensurate to other laws on civil rights. Ethnic Uzbeks in the south also complained that discriminatory practices in licensing and registering a business with local authorities made starting a small business difficult.

On average employers paid women substantially lower wages than they paid to men. Women made up the majority of pensioners, a group particularly vulnerable to deteriorating economic conditions. By law, women are prohibited from working in “dangerous professions,” including energy, mining, water, factories, trucking, agriculture, and certain types of construction. This law is a holdover from the Soviet era, and while it is not clear that it has ever been enforced, it presents a barrier to women’s full and free participation in the economy and affects women’s earning potential. In rural areas traditional attitudes toward women limited them to the roles of wife and mother and curtailed educational opportunities. Members of the LGBTI community reported discrimination in the workplace when they publicly disclosed their sexual orientation. LGBTI persons faced a high risk of becoming the victims of deception and labor and sexual exploitation. The most vulnerable group in terms of employment is transgender women, who are frequently forced out of employment opportunities. Persons with HIV/AIDS-positive status faced discrimination regarding hiring and security of employment. Employers discriminated against persons with disabilities in hiring and limited their access to employment opportunities in the workplace. During the COVID-19 pandemic, members of the LGBTI community lack paid employment, social insurance, and the resources to work at home.

Laos

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law requires equal pay for equal work, although a gender wage gap persisted, and prohibits discrimination in hiring based on a woman’s marital status or pregnancy, and it protects against dismissal on these grounds. The government enforced prohibitions against employment discrimination or requirements for equal pay; penalties under law included fines and were commensurate to laws related to those for civil rights.

Latvia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination. Penalties were commensurate to laws related to civil rights. Despite the existence of a sizeable Russian-speaking minority, the government requires the use of Latvian as the officially recognized language where employment activities “affect the lawful interests of the public.” Citing the continuing political and economic threat posed by Russia to Latvia, the government restricted some sensitive civil service positions for candidates who previously worked for the former Soviet intelligence apparatus.

According to the World Bank Group’s Women, Business and the Law 2020, women in the country have equal legal standing with men. There were instances of hiring and pay discrimination against women, particularly in the private sector, but they were underreported to the ombudsman. Through August the ombudsman did not open any cases of discrimination against women.

Employment discrimination also occurred with respect to sexual orientation, gender identity, and ethnicity. Persons with disabilities experienced limited access to work, although were free to work in all labor markets and were able to receive government employment support services, including those specifically designed for persons with disabilities. In 2019, 27.2 percent of all persons with disabilities were employed, a slight increase from 2018. The Romani community faced discrimination and high levels of unemployment.

Lebanon

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law provides for equality among all citizens and prohibits employment discrimination based on race, gender, disability, language, or social status. The law prohibits women from working in certain industries, such as mining, factories, agriculture, energy, and transportation, although the law was not enforced in multiple sectors, including factories and agriculture. The law does not specifically provide for protection against employment discrimination based on sexual orientation, gender identity, HIV status, or other communicable diseases. Although the government generally respected these provisions, they were not enforced in some areas, and aspects of the law and traditional beliefs discriminated against women. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, foreign domestic workers, and LGBTI and HIV-positive persons (see section 6).

The law does not distinguish between women and men in employment, and it provides for equal pay for men and women, with exceptions that exclude women from a variety of industrial and construction jobs as well as jobs listed in Annex 1. According to the UN Population Fund, the law does not explicitly prohibit sexual harassment in the workplace, although it gives an employee the right to resign without prior notice in the event that the employer or representative commits an indecent offense towards the employee or a family member. There are, however, no legal consequences for the perpetrator.

The law defines a “disability” as a physical, sight, hearing, or mental disability. It stipulates that persons with disabilities fill at least 3 percent of all government and private-sector positions, provided such persons fulfill the qualifications for the position. There was no evidence the government enforced the law. Employers are legally exempt from penalties if they provide evidence no otherwise qualified person with disabilities applied for employment within three months of advertisement.

Migrant workers and domestic workers faced employment hurdles that amounted to discrimination. In July, Syrian workers, usually employed as manual laborers and construction workers, continued to suffer discrimination. Many municipalities enforced a curfew on Syrians’ movements in their neighborhoods in an effort to control security.

Lesotho

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation based on race, religion, national origin, color, sex, ethnicity, age, sexual orientation, HIV/AIDS status, or refugee status. Discrimination based on disability is not explicitly prohibited. The law’s prohibition of gender-based discrimination is ambiguous. Generally, gender-based employment discrimination is prohibited. Nevertheless, in certain sectors, such as mining, what the law refers to as “fair discrimination” permits employers to decline to hire women for dangerous jobs. There is no provision for equal pay for equal work.

According to the NGO Women and Law in Southern Africa, discrimination against women in employment, business, and access to credit is illegal, although social barriers to equality remained. Both men and women reported hiring practices often aligned with gender, with men preferentially selected for certain positions (such as mechanics) and women preferentially selected for other positions (such as sewing machine operators).

Migrant workers enjoy the same legal protections, wages, and working conditions as citizens.

Liberia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on the basis of race, religion, national origin, color, sex, disability, age, sexual orientation or gender identity, or HIV/AIDS status. It does not address refugee or stateless status. The law calls for equal pay for equal work. The government did not effectively enforce the law.

Discrimination in employment and occupation occurred with respect to gender, disability, HIV-positive status, sexual orientation, and gender identity, and women experienced economic discrimination based on cultural traditions discouraging their employment outside the home in rural areas. Anecdotal evidence indicated that women’s pay lagged behind that for men. LGBTI individuals and those with disabilities faced hiring discrimination, and persons with disabilities faced difficulty with workplace access and accommodation (see section 6).

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.

Liechtenstein

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on gender and disability. The law does not specifically prohibit employment discrimination based on race, religion, national origin, color, ethnicity, age, gender identity, HIV/AIDS or refugee status. Violations may result in the award of compensation to a prospective or dismissed employee equal to at least three months’ salary in the case of gender discrimination, and unspecified civil damages in the case of discrimination against persons with disabilities. Penalties were not commensurate with similar civil rights violations.

The government did not effectively enforce the law. According to statements by the Liechtenstein Institute and Liechtenstein Association for Persons with Disabilities, women, particularly migrant and Muslim women wearing headscarves, persons with disabilities, and LGBTI individuals experienced discrimination in the labor market.

According to the 2019 Human Rights Report of the Liechtenstein Institute, although the law explicitly forbids gender discrimination in the workplace, women in the country still earned significantly less than men on average. The Women’s Network also noted a marked difference between men and women persisted in professional promotions; women were severely underrepresented in top-level management positions in private industry and the national administration. An analysis in May by the Swiss Center of Expertise on Human Rights found that immigrant workers experienced workplace discrimination, including on the basis of gender, race, nationality, and religion.

Lithuania

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination but does not specifically address HIV-positive or other communicable disease status, or gender identity. The law obliges the employer to implement the principles of gender equality and nondiscrimination, which prohibit direct and indirect discrimination, and psychological and sexual harassment. The employer must apply the same selection criteria and conditions when hiring new employees; provide equal working conditions, opportunities for professional development, and benefits; apply equal and uniform criteria for dismissal; pay equal wages for the same work and for work of equal value; and take measures to prevent psychological and sexual harassment in the workplace.

The government effectively enforced the law, and penalties are commensurate with laws related to civil rights, such as election interference.

The law stipulates that discrimination based on sex should also cover discrimination related to pregnancy and maternity (childbirth and breastfeeding). The matter of female poverty among the elderly who do not receive equal government social remuneration, as well as a pay gap between men and women, continued to exist.

The equal opportunity ombudsman (EOO) monitored the implementation of discrimination laws. As of September 1, the EOO received 14 complaints. To address the gender equality problem, the EOO in cooperation with the municipalities and NGOs continued implementing projects aimed at strengthening local communities in the fight against gender-based violence and addressing gender equality problems. Under the law the age requirements for women and men to retire with full or partial pension benefits are not equal.

NGOs reported that workers in the Romani, LGBTI, and HIV-positive communities faced social and employment discrimination (see section 6). Non-Lithuanian speakers and persons with disabilities faced discrimination in employment and workplace access.

Luxembourg

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, color, national extraction, social origin, religion, political opinion, sex, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or refugee or social status. The government effectively enforced these laws and regulations and penalties for violations were commensurate with those for other crimes.

Employers occasionally discriminated against persons with disabilities in employment (see section 6, Persons with Disabilities). The law establishes quotas that require businesses employing more than 25 persons to hire certain percentages of workers with disabilities and to pay them prevailing wages. InfoHandicap noted that the government failed to enforce these laws consistently.

The law provides for the same legal status and rights for women as for men, including rights under labor law and in the judicial system. The law mandates equal pay for equal work. According to information provided by the Ministry of Equality between Women and Men, during the year employers paid women 5.5 percent less on average than men for comparable work.

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.

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.

Malawi

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The employment law prohibits discrimination against any employee or prospective employee but does not cover sexual orientation or gender identity, and the government in general did not effectively enforce the law. Penalties were commensurate with those for laws related to civil rights.

Discrimination in employment and occupation occurred with respect to gender and disability (see section 6). Despite the law against discrimination based on gender or marital status, discrimination against women was pervasive, and women did not have opportunities equal to those available to men. Women had significantly lower levels of literacy, education, and formal and informal employment opportunities. Few women participated in the limited formal labor market, and underrepresentation in the employment of women in managerial and administrative jobs was especially poor. Households headed by women were overrepresented in the lowest quarter of income distribution. On October 9, protesters criticized the government’s failure to comply with the Gender Equality Act’s requirement to include no less than 40 percent of either men or women in public appointments.

LGBTI individuals faced discrimination in hiring and harassment, and persons with disabilities faced discrimination in hiring and access to the workplace.

Malaysia

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination with respect to race, religion, national origin, color, sex, ethnicity, disability, age, sexual orientation, HIV/AIDS status or refugee status in employment and hiring; the director general of labor may investigate discrimination in the terms and conditions of employment for both foreign and local employees. The law prohibits women from working underground, such as in mines, and restricts employers from requiring female employees to work in industrial or agricultural work between 10 p.m. and 5 a.m. or to commence work for the day without having 11 consecutive hours of rest since the end of the last work period.

The director general may issue necessary directives to an employer to resolve allegations of discrimination in employment, although there were no penalties under the law for such discrimination and thus penalties were not commensurate to laws related to penalties for civil rights, such as election interference.

Employers are obligated to inquire into most sexual harassment complaints in a prescribed manner. Advocacy groups such as the Association of Women Lawyers stated these provisions were not comprehensive enough to provide adequate help to victims. In June the industrial court upheld the dismissal of a manager for nonphysical sexual harassment, including using a term of endearment, giving of personal gifts, and excessive unwanted attention.

Discrimination in employment and occupation occurred with respect to women; members of national, racial, and ethnic minorities; and persons with disabilities. A code of practice guides all government agencies, employers, employee associations, employees, and others with respect to placement of persons with disabilities in private-sector jobs. Disability-rights NGOs reported that employers were reluctant to hire persons with disabilities. A regulation reserves 1 percent of public-sector jobs for persons with disabilities.

Migrant workers must undergo mandatory testing for more than 16 illnesses as well as pregnancy. Employers may immediately deport pregnant or ill workers. Migrant workers also faced employment discrimination (see sections 7.b. and 7.e.). Employers were unilaterally able to terminate work permits, subjecting migrant workers to immediate deportation.

Women experienced some economic discrimination in access to employment. Employers routinely asked women their marital status during job interviews. The Association of Women Lawyers advocated for passage of a separate sexual harassment bill making it compulsory for employers to formulate sexual harassment policies.

The government reserved large quotas for the bumiputra majority for positions in the federal civil service as well as for vocational permits and licenses in a wide range of industries, which greatly reduced economic opportunity for minority groups (see section 6).

Maldives

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination with respect to employment and occupation based on race, color, sex, political opinion, religion, social origin, marital status, or family obligations. The government generally enforced those laws and regulations, with some exceptions that included unequal pay for women and discrimination in working and living conditions of foreign migrant workers, especially from Bangladesh.

According to NGOs, no policies were in place to provide equal opportunities for women’s employment, despite provisions in the constitution and the law. The law and constitution prohibit discrimination against women for employment or for equal pay or equal income, but women tended to earn less than men for the same work and also because they tended to work in lower-paying industries. The absence of child-care facilities made it difficult for women with children to remain employed after they had children.

The Employment Act establishes an Employment Tribunal to examine and protect the rights of employers and employees in legal matters and other employment problems.

Discrimination against migrant workers was pervasive (see section 7.b.).

Mali

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, religion, political opinion, nationality, disability, social status, HIV-positive status, and color. The government’s Labor Inspection Agency is responsible for investigating and preventing discrimination based on race, gender, religion, political opinion, nationality, or ethnicity, but the law was not effectively enforced.

Discrimination in employment and occupation occurred with respect to gender, sexual orientation, disability, and ethnicity (see section 6). The government was the major formal-sector employer and ostensibly paid women the same as men for similar work, but differences in job descriptions permitted pay inequality. There were legal restrictions to women’s employment in occupations and tasks considered dangerous, and in industries such as mining, construction, and factories. Women are also legally prohibited from working on the creation or sale of writing and images considered contrary to good morals. There were cases where employers from southern ethnic groups discriminated against individuals from northern ethnic groups.

Malta

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in any form of employment and occupation. The government generally enforced the law effectively, although many foreign workers, including migrants, worked in dangerous, unsanitary jobs, with low social status and little prospect of improvement in their employment conditions. Up to December 2019, the population included more than 65,000 registered foreign workers. Of these, approximately 31,000 were nationals of mainly Arab, African, Asian, and East European countries. The law prohibits discrimination based on race as well as racial hatred. There were no reported offenses related to violations of the law. Penalties were commensurate with those for crimes related to civil rights, such as election interference. Remedies were available through civil court.

From January to September, the NCPE received one claim of alleged workplace discrimination. Following an investigation the commissioner may either dismiss the complaint or find the complaint warranted. In the latter case, if the complaint constitutes an offense, the commissioner must submit a report to the police commissioner for action. In instances where the complaint did not constitute an actionable offense, the NCPE followed the law and undertook steps to investigate the cases and refer them to police or mediate to ensure provision of redress as appropriate.

While women constituted a growing proportion of graduates of higher education and of the workforce, they remained underrepresented in management and generally earned less than their male counterparts. Eurostat reports showed the gender pay gap in 2018, the most recent period for which data was available, was 11.7 percent. In 2018 labor force participation by women was 64 percent, compared with 86 percent for men.

Marshall Islands

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution states that no person may be treated in a discriminatory manner under law or by public officials. Labor laws and regulations do not specifically prohibit employment discrimination. The constitution states that the attorney general, in all cases of violations of the constitution, whether by private or public officials, has the standing to complain of the violation in judicial proceedings. The criminal code does not stipulate any specific penalty in such cases. There were no formal complaints of employment discrimination during the year. There were no legal restrictions against women in employment. No law mandates equal pay for equal work; government employees receive pay equity. Under the law citizens receive preference in hiring, and noncitizen workers are hired only to supplement the local workforce when no citizens qualify for the job. The law requires that employers who hire foreign workers pay a fee used for training citizen workers. Many employers willingly paid the fee to hire technically skilled labor, which was not widely available in the country.

Mauritania

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, disability, religion, political opinion, national origin, citizenship, social origin, sexual orientation or gender identity, age, or language, but the government often did not enforce the law. Penalties were not commensurate with those for comparable violations. Discrimination in employment and occupation occurred with respect to race and language. For example in conformity with long-standing practice, the advancement of both Haratines and sub-Saharans in the armed services remained limited.

The law provides that men and women should receive equal pay for equal work. The two largest employers, the civil service and the state mining company, observed this law; most employers in the private sector reportedly did not. In the modern wage sector, women also received family benefits, including three months of paid maternity leave. Women faced widespread employment discrimination, because employers usually preferred to hire men, with women overrepresented in low-paying positions (see section 6). There were known legal restrictions on women’s employment, including limitations on working in occupations deemed dangerous or morally inappropriate and certain industries including mining and construction.

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The Lessons of 1989: Freedom and Our Future