Legislative approaches to nondiscrimination at work: a comparative analysis across 13 groups in 193 countries

Jody S. Heymann · Bijetri Bose · Willetta Waisath · Amy Raub · Michael McCormack

23 citations0/0 files storedEquality Diversity and Inclusion An International Journal

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Discrimination and Equality Law Labor Law and Work Dynamics Labour Market and Migration

Abstract

Purpose There is substantial evidence of discrimination at work across countries and powerful evidence that antidiscrimination laws can make a difference. This study examines the extent of protections from discrimination at work in countries around the world and which groups were best covered. Design/methodology/approach This study assesses legal protections in hiring, pay, promotions/demotions, terminations and harassment for 13 different groups across 193 countries using a database the authors created based on analysis of labor codes, antidiscrimination legislation, equal opportunity legislation and penal codes. Differences in levels of protection were examined across social groups and areas of work, as well as by country income level using Chi-square tests. Findings Protection from gender and racial/ethnic discrimination at work was the most common, and protection across migrant status, foreign national origin, sexual orientation and gender identity was among the least. For all groups, discrimination was more often prohibited in hiring than in promotion/demotion. There was inconsistent protection from harassment and retaliation. Research limitations/implications Addressing discrimination at work will require a broad range of synergistic approaches including guaranteeing equal legal rights, implementation and enforcement of laws and norm change. This study highlights where legislative progress has been made and where major gaps remain. Originality/value This article presents findings from an original database containing the first data on laws to prevent discrimination in the workplace in all 193 countries around the world. The study analyzes legal protections for a wide range of groups and considers a full range of workplace protections.

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2004Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination 1966The Universal Declaration of Human Rights 2017The Convention on the Rights of Persons with Disabilities 2001The Wage Penalty for Motherhood 1995Convention on the Elimination of All Forms of Discrimination against Women 1998Understanding the ‘Family Gap’ in Pay for Women with Children 2009Convention on the Rights of Persons with Disabilities 2005International Covenant on Economic, Social and Cultural Rights (1966)

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