Discrimination at work

Even though it is probably obvious, discrimination at work is not given the attention it deserves. Discrimination occurs when someone is treated differently because of a specific characteristic, such as the village they hail from, their gender, weight, height, hair colour and style, religious beliefs, the political party they support or any disability they may have. The list goes on.

One of the most common forms of discrimination experienced by workers is harassment at their workplace. This can take the form of jokes, snide remarks, put-downs, isolation and name-calling.

This, like any other form of discrimination, can affect work performance, chances of promotion as well as access to certain benefits such as training and professional development.

Types of discrimination

There are three main types of discrimination: direct, indirect and victimisation. Direct discrimination is where one worker is treated less favourably than another in similar circumstances, or is dismissed or selected for redundancy, or suffers harassment because of his or her race, sex or marital status.

This tends to be obvious discrimination, for example when a female candidate with the best qualifications and experience does not get an interview or a job, but a male candidate with fewer qualifications does. Or if she is already in the job she is ignored for promotion and the job goes to a less qualified male worker.

Automatic sex discrimination takes place when a woman is treated less favourably than her colleagues for any reason directly or indirectly connected with her pregnancy or maternity leave.

Indirect discrimination occurs when a group of people are unable to meet a requirement or work practice in the same way as the rest of the workforce because of their race, sex or marital status, and as a result this group is disproportionately affected and more disadvantaged than another.

Victimisation is where a worker is treated less favourably because he or she has previously complained of discrimination or given evidence for another worker with the authorities or senior management with respect to discrimination at the workplace.

Harassment or abuse may be in the form of bullying or physical assault, either by the employer or a colleague causing an employee or group of employees to endure a work environment that is hostile, offensive or intimidating.

Behaviour which makes a person feel harassed is considered to be harassment, even though it may not have been the intention of the harasser. Sexual harassment is a type of gender discrimination.

It is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. It is any offensive conduct related to an employee's gender that a reasonable woman or man should not have to endure.

Equality for Men and Women Act

Late last year, Parliament enacted the Equality for Men and Women Act, which, as its name implies, tackles issues related to gender equality. Some of these issues had already been addressed in the Employment and Industrial Relations Act. This act includes specific clauses regulating discriminatory practices in the employment sector and introduced gender mainstreaming and family-friendly concepts.

Other issues, such as protection of maternity at workplaces, were addressed in the Occupational Health and Safety Authority Act that was enacted in 2000. The Equality for Men and Women Act covers all these aspects and brought Malta in line with the EU acquis.

The act defines discrimination on the basis of sex as "the giving of different treatment to men and women on the basis of their sex; treating a female differently for reasons of actual or potential pregnancy or childbirth; treating men and women differently on the basis of parenthood, family responsibility or for some other reason related to sex."

The act defines indirect discrimination as: "Where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex."

An article of the act excludes the applicability of the act to any rule relating to religious practice, access to priesthood or membership in any religious order or community.

On discrimination in employment, the act puts into effect the principle of equal treatment and equal opportunity for men and women with regard to access to employment. This article refers to the obligation of the employer to suppress sexual harassment at the place of work.

Article five of the act introduces an obligation for the employer to provide a report when an allegation of discrimination has been made, including the procedures used by the employer in the matter alleged to constitute such discrimination.

Article six discusses the principle of equal treatment between men and women engaged in any activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood.

This article makes it illegal for a bank or a financial institution to discriminate against any person in the grant of any facility in respect of the establishment, equipment or in the launching or extension of any business or the launching of any form of self-employment, unless this reflects a genuine consideration based on the financial risk in the grant of such facilities.

The act also tackles the prohibition of discrimination on grounds of sex with regard to access to all types of vocational guidance, vocational training, and retraining. This prohibition is applicable to all educational establishments or any other entity providing vocational training.

Educational establishments and entities providing vocational training are to ensure, within the limits of their competence, that curricula and textbooks do not propagate discrimination as well as to fulfil their obligation to suppress sexual harassment.

Article nine complements the provisions in the Employment and Industrial Relations Act which covers sexual harassment at the place of work. Sexual harassment is defined as:

¤ subjecting another person to an act of physical intimacy;

¤ requesting sexual favours from another person;

¤ subjecting another person to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of any written words, pictures or other material, where the act, words or conduct is unwelcome to the person to whom they are directed and could reasonably be regarded as offensive, humiliating or intimidating to the person to whom they are directed.

Article 10, on the other hand, addresses the images of women and men portrayed in advertising and the media. Advertising and the media should not undermine respect for human dignity nor contain discrimination on grounds of sex.

It is clear that sexual stereotyping in advertising and the media is one of the factors which influence attitudes towards equality between women and men.

Moreover advertising and the media can play an important part in changing attitudes in society by reflecting the diversity of the roles and potential of women and men, their participation in all aspects of social life, as well as a more balanced sharing of family, occupational and social responsibilities between women and men.

This article makes it unlawful to publish or display advertisements of job vacancies that discriminate or such other advertisements that promote discrimination or which otherwise discriminate.

The act also establishes the setting up of the National Commission for the Promotion of Equality between Men and Women and a good part of the act lays down the duties and responsibilities of the chairman of this commission as well as those of the commission itself.

Sexual harassment at the workplace - a study

In February 2002 Olivia Galea-Seychell and Chiara Cortis Micallef conducted a study to investigate the prevalence of behaviour of a sexual nature within the workplace and the perception of the workers about this sexual behaviour.

According to this study, it is the unwanted nature of the sexual conduct that renders the sexual conduct an act of sexual harassment.

A total number of 1,344 respondents (24% response rate) answered a questionnaire. Some questions were aimed at investigating the prevalence and the perception of the verbal, non-verbal and physical sexual conduct.

These questions also included threats of disadvantage if sexual involvement is refused and the promise of advantages as a result of sexual involvement.

A number of other questions were aimed at studying the demographic aspect of the respondents. Sixty per cent of the respondents were females while 34 per cent of all respondents fell within the 16-25 age bracket. Around half of the respondents were married, while 42 per cent were single.

The results of the study indicated that both males and females are exposed to verbal, non-verbal and physical sexual behaviour.

However, females are more likely to experience such behaviour as offensive.

The age group most affected are the 16-25 category and sexual harassment declines gradually with increasing age categories.

The study does not show a striking difference within the prevalence of the various sexual conducts between the different marital statuses, particularly the single and the married status. However, there is a difference between their perceptions of the sexual conducts.

The study acknowledges the lack of local research on sexual harassment. Further research investigating the origin of sexual harassment and its effects is recommended to complement and reinforce this study.

CSB Recruitment Agency has been supporting the local business community with its services since 1987. For further information write to CSB at Vincenti Buildings, 14/19 Strait Street, Valletta VLT 08, call them on 2122-5800 or 2124-6543, fax: 2123-0520, e-mail jobs@vacancycentre.com, or visit www.VacancyCentre.com .

Copyright 2004, Commercial Services Bureau (CSB) Ltd.