Gender Discrimination in Human Resources Management

GENDER DISCRIMINATION

As human beings we discriminate in our day to day activities. Whether it’s the music we listen to or the brand of drinks we buy. The workplace has not been spared of discrimination. If you look at discrimination as a general term you will see that it is not always bad. For instance when the Human resources department wants to recruit, and does so b recruiting one outstanding candidate out of a possible hundred, this will not be unfair discrimination as it was based on qualification. This discrimination is based on valid reasons and is related to the requirements of the job as selection is based on ability suitability. However there is a problem when there is unlawful direct or indirect discrimination. Candidates for recruitment or employees, should be able to demonstrate abilities for the job regardless of race, ethnicity, marital or family circumstances, sexual orientation, age spent convictions, disability and gender except in exempted statutory circumstances.

Just like any other form of discrimination, gender discrimination is against legislative laws. Gender discrimination has been covered in the Sex Discrimination Act of 1975 and the Equal Pay Act of 1970 in the UK. In Malawi, The Employments Act of 2000 section 5(1):

“No person shall discriminate against any employee or prospective employee on the grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital status or family responsibilities in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.”

Section 6(1) goes on to say that:

         Every employer shall pay employees equal remuneration for work of equal value without distinction or discrimination of any kind, in particular, on basis of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibilities. (Equal pay)

Gender discrimination is improperly disallowing opportunity for employment, advancements or other considerations on the basis of gender. It includes but is not limited to sexual harassment (sexually-directed behaviour that leads to intimidating, hostile, offensive or disturbing environment to the victim) victimisation of one particular gender, pregnancy discrimination (discrimination against women affected by pregnancy, childbirth or related medical conditions) and equal pay. Gender discrimination can be direct or indirect where the former is a situation whereby a prospective employee or a current employee is treated less favourably due to their gender and the latter includes the placing of a criterion or practice that puts a specific gender at a disadvantage.