Tackling discrimination
Tackling Bullying, Harassment and Discrimination (BHD) in an organization
Discrimination
26 November 2023
Blog four of Eight - by Dilshad Banu Mohideen
What is workplace discrimination? How often do we witness this? Have you ever wondered or realised that this is a day-to-day thing that we don’t even pay attention anymore. It is unfortunate, but true.
You will encounter discrimination
in equally in the public and private sector.
In
accordance with the Constitution of Sri Lanka (1978), there cannot be any
discrimination on the grounds of race, religion, language, caste, sex,
political opinion, place of birth or any one of such grounds. There is no
special provision in constitution or labour laws to prevent discrimination in
employment related matters. Laws also prohibit discrimination against disabled
persons in matters of employment as well as workers involved in union
activities.
Constitution
of Sri Lanka gives every person the right to apply to the Supreme Court in
respect of violations of fundamental rights by the State (executive action). It
is not clear whether individuals can obtain redressal with respect to
discrimination by the private sector employers.
The challenge is how educated we are about this right and how practical it is to apply to Supreme Court and not face any repercussions for doing so.
Having
said that, I would like to draw your attention to understand the workplace discrimination
better.
Workplace discrimination is the unfair treatment of an employee or group of employees based on their protected characteristics, such as race, ethnicity, gender, religion, disability, sexual orientation, age, or national origin. Unlike bullying and harassment, discrimination can manifest in various ways.
· Discrimination
can occur during the hiring process, where individuals are denied employment
opportunities based on their protected characteristics rather than their
qualifications or merit. We come across these not only in Sri Lanka, but
internationally as well.
·
Discrimination can occur about pay and benefits.
Employees may be paid less or receive fewer benefits than their counterparts
due to their protected characteristics. We widely witness this with workers in
the tea plantation sector.
·
A very prominent discrimination that we witness in
organizations is promotions and advancement. Discriminatory practices can
hinder individuals' career progression by limiting their access to promotions,
training opportunities, and leadership positions.
·
Organizations with discrimination will create a hostile
work environment. A hostile work environment exists when the behaviors of
coworkers, managers, or customers creates an intimidating, offensive, or
demeaning atmosphere for employees based on their protected characteristics.
According to research published by IDEAS (which is the largest bibliographic database dedicated to Economics) a study conducted by selecting 66 female employees (44 female managers/ professionals, 22 HR managers) as a sample from 22 medium and large scale organizations covering the Sri Lankan private sector. Both quantitative and qualitative analyses conduct on collected data through a self-administered questionnaire. The results confirmed the incidents of gender discrimination and sexual harassment are present in recruitment and promotions activities in the selected organizations. However, the results did not support the relationships between gender discrimination and the loss of motivation and productivity at work.
According to an article published, The ILO in Sri Lanka, recognizing this practical challenge positioned itself on the pillar of social dialogue to meet with employers and employees to develop tools to support the creation of a more conducive environment that would prevent gender-based discrimination in the world of work. A Code of Conduct was developed on tackling sexual harassment in the workplace as was a Code of Conduct on how to handle HIV in the workplace – issues that adversely impact on women workers in the main. Policies have been put in place to ensure sustainability of these protocols and training conducted especially amongst in Human Resources Management personnel. Recognizing that violence and discrimination within the home positions women to take on a subservient and passive role which makes them more vulnerable outside the home as well, the ILO made interventions engaging the communities surrounding the targeted workplace. This was expected to add value to promoting a safer world of work for women by empowering women within the community structures from which they come.
Workplace
discrimination can have detrimental consequences for both individuals and
organizations. It can lead to employee dissatisfaction, decreased productivity,
increased absenteeism, and higher turnover rates. Additionally, organizations
that engage in discriminatory practices may sometimes face legal repercussions
and damage to their reputation.
Addressing workplace discrimination requires a comprehensive approach. Establishing clear anti-discrimination policies and procedures is very important and practising the procedures will create a positive work environment for all the employees.
Fostering
a culture of inclusivity and respect is a very big challenge in all the
organizations and require continuous effort by HR professionals. Organizational
leaders should promote a culture that values diversity, equity, and inclusion,
creating an environment where employees feel respected and valued regardless of
their protected characteristics.
References:
WageIndicator subsite collection. (n.d.). Fair Treatment. [online] Available at: https://salary.lk/labour-law/fair-treatment. [Accessed 26 Nov. 2023].
Ilo.org. (2021). All Comments. [online] Available at: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13101:0::NO::P13101_COMMENT_ID:4123612. [Accessed 26 Nov. 2023].
Dharmawardhane, I.M. and
Navaratne, N.N.J. (2019). Gender Discrimination against Female Managers and
Professionals in Sri Lankan Private Sector. Asian Business Review,
[online] 9(2), pp.57–64. Available at:
https://ideas.repec.org/a/ris/asbure/0171.html [Accessed
26 Nov. 2023].
While workplace discrimination is a real problem that harms both individuals and organizations, simply having anti-discrimination policies and procedures is not enough to stop it. Organizations need to take a more comprehensive approach that looks at the root causes of discrimination, such as unconscious bias and systemic inequities. They also need to create a culture where employees feel comfortable reporting discrimination and challenging it.
ReplyDeleteFurther more Discrimination involves less favorable treatment of one person than another. This may be due, for example, to the other person's age, sex, religion or disability; and may involve more than one characteristic, which may, in turn, lead to multiple discrimination. There are European Union (EU) laws to protect people from differential treatment within the working environment. However, changes promoted at the macro level also need to be accepted at the micro level (i.e. both within organizations and among individuals).
ReplyDeleteYes True..Tackling discrimination requires a collective effort from individuals, organizations, and communities. It involves ongoing education, policy development, and a commitment to fostering inclusive environments where everyone is treated with dignity and respect. Regular evaluations and adjustments to strategies are crucial to ensure sustained progress in the fight against discrimination.
ReplyDeleteDiscrimination within the organization is a very important aspect to focus on at any given level. Within the current organizational culture, they seem to take steps as you have mentioned to minimize such actions. But how much do you think the HR professionals are able to handle such challenges?
ReplyDelete