Employment Discrimination: A Bangladeshi perspective

In Bangladesh, the main statutes and regulations relating to employment are the Bangladesh Labour Act, 2006 (Amended) and the Bangladesh Labour Rules, 2015. Section 345 of the Bangladesh Labour Act prohibits discrimination. Article 29 of the constitution of Bangladesh also theoretically guarantees the equality of opportunity in public employment.

However, for the previous nine years, Bangladesh has been graded 5 by the International Trade Union Confederation (ITUC), meaning that the country has no guarantee of rights for workers. 

According to the ITUC Global Rights Index for 2022, Bangladesh is one of the ten worst nations in the world for working people, which was also the finding of the same index in 2021.  

Moreover, during the Covid pandemic, mass termination from jobs occurred worldwide, including in Bangladesh, where the reason for terminating workers was budget cuts, ultimately a result of falling profits.

Gender discrimination appears to be a particular menace in developing countries. According to a study by Karmojibi Nari and CARE Bangladesh, about 84.7% of female workers reported experiencing verbal harassment, while 71.3% experienced mental harassment, 20% physical harassment, 12.7% sexual harassment, and 52% experienced physical harassment from supervisors.

Sexual harassment is a universal problem. According to a UCLA study, 51% of countries worldwide do not provide any protection from retaliation against employees who report discrimination based on race or ethnicity, which prevents people from seeking justice.

While the Labour Act does not explicitly address the issue of harassment, the High Court Division of the Supreme Court of Bangladesh, in BNWLA v Bangladesh and others, 14 BLC (HCD) 694, set out guidelines on sexual harassment for protecting and safeguarding the rights of women and girls at workplaces, educational institutions, universities and other places, wherever necessary. 

Section 332 of the Bangladesh Labour Act provides that no person of any establishment shall behave unmannerly or repugnant to the modesty or honour of a female worker.

Such discrimination, however, also exists in developed countries. 

According to the United States' Bureau of Labour Statistics, the ratio of women's to men's median weekly earnings for full-time wage and salaried workers in all occupations was 81.9% in 2016. The ratio varies by occupation. The ratio is lower among personal financial advisors, physicians and surgeons, real estate brokers and sales agents, human resource managers, and chief executives, among others. Women's median earnings are higher than men's in a few occupations—sewing machine operators, teacher assistants, and counsellors.

In the UK, the Equality Act 2010 exists to theoretically safeguard employees. Discrimination, harassment, and automatically unfair dismissal are all theoretically addressed by this Act's provisions. According to a brief survey conducted by CIPHR in 2021, 40% of people working full-time in the UK report having encountered workplace discrimination. Part-time employees reported facing discrimination at work at a rate of 45%.

In a 1998 journal article, Mia Hultin noted that after adjusting for various individual and institutional factors important for salaries, Swedish women earn less than Swedish men.

It has long been accepted practice in hierarchical societies to discriminate against women, a practice which defines these societies as patriarchies. However, there has been a noticeable and drastic change in how women are treated in modern society, due to courageous feminist activism carried out by women. Despite all the progress made in the direction of gender equality, total justice in the fight against discrimination, particularly against women, remains unrealised.

Discrimination at the workplace and at school, not to mention marginalisation in senior political, academic, and business positions, are well-known phenomena around the world. 

The progressive wing of the international community agrees that without the equal involvement of men and women in development efforts, the United Nations' Millennium Development Goals will never be accomplished.

Md Fahmedul Islam Dewan is a recipient of the prestigious DLA Piper Scholarship.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.