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LEGAL PROVISIONS ON DISCRIMINATION AT WORK
1. ILO Discrimination Convention No. 111
Discrimination is any distinction, exclusion or preference made on the basis of race,
colour, _________, religion, political opinion, ______________or social origin, which
has the effect of nullifying or impairing equality of opportunity or treatment in
employment or occupation.
WORDS: gender, HIV-AIDS, sex, sexual orientation, health, national extraction,
nationality.
2. European Union Council Directive 2000/78/EC of 27 November 2000
establishing a general framework for equal treatment in employment and
occupation
Direct discrimination occurs where one person is treated less favourably than another is,
has been or would be treated in a ______________situation.
_____________ discrimination occurs where an apparently ____________ provision,
criterion or practice would put persons having a particular religion or belief, a particular
disability, a particular age, or a particular sexual orientation at a particular __________
compared with other persons unless:
When persons who consider themselves wronged because the principle of equal
treatment has not been applied to them establish, before a court or other competent
authority, facts from which it may be ____________ that there has been direct or
indirect discrimination, it shall be for the respondent to prove that there has been no
breach of the principle of equal treatment.
WORDS: decided, disadvantage, neutral, presumed, comparable, indirect, same,
difficulty.
3. UK Equality Act 2010 - Direct discrimination
(1) A person (A) discriminates against another (B) if, because of a protected
characteristic, A treats B less _________________than A treats or would treat others.
WORDS: fairly, favourably.
Angelika Muller, Governance and Tripartism Department, ILO Geneva
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4. France Labour Code
Employees must not be subjected to ______________ actions constituting
____________ harassment, which intentionally or unintentionally deteriorate their
working conditions and are likely to violate their rights and dignity, impair their physical
or mental health, or jeopardize their professional future.
WORDS: unacceptable, repeated, sexual, moral.
5. ILO CEACR (Committee of Experts on the Application of Conventions and
Recommendations)
Sexual harassment is _________ sexual advances or _________ or physical conduct of
a sexual nature which has the purpose or effect of unreasonably interfering with the
individual’s work performance or creating an intimidating, _________, abusive or
offensive working environment.
WORDS: oral, unwelcome, indecent, verbal, hostile, horrible.
6. CARICOM (Caribbean Community) MODEL LEGISLATION ON SEXUAL
HARASSMENT
____________ sexual harassment in employment
A person shall be taken to harass sexually another person if the first-mentioned person
makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to
the other person, or engages in other unwelcome conduct of a sexual nature in relation
to the other person, and the other person has ____________ grounds for believing that a rejection of the
advance, or refusal of the request or the taking of objection to the conduct would cause
the other person to suffer disadvantage in any way in connection with the other person's
employment or work or possible employment or possible work.
WORDS: reasonable, perfect, unlawful, illegal.
Angelika Muller, Governance and Tripartism Department, ILO Geneva
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7. South Africa Code of Good Practice on the Handling of Sexual Harassment
Cases
Sexual attention becomes sexual harassment if:
a. The behaviour is persisted in, although a __________ incident of harassment
can constitute sexual harassment; and/or
b. The __________ has made it clear that the behaviour is considered offensive;
and/or
c. The ___________
unacceptable.
should have known that the behaviour is regarded as
Non-verbal forms of sexual harassment include unwelcome gestures, indecent
exposure, and the unwelcome display of sexually explicit ___________ and objects.
______________ harassment occurs where an owner, employer, supervisor, member
of management or co-employee, undertakes or attempts to influence the process of
employment, promotion, training, discipline, dismissal, salary increment or other benefit
of an employee or job applicant, in exchange for sexual favours.
WORDS: Quid pro quo, pictures, perpetrator, single, unique, recipient.
ILO Labour Legislation Guidelines
CHAPTER VII Substantive provisions of labour legislation “The Elimination of Discrimination in Respect of
Employment and Occupation” http://www.ilo.org/legacy/english/dialogue/ifpdial/llg/main.htm
Angelika Muller, Governance and Tripartism Department, ILO Geneva
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