Discrimination at the workplace occurs when an employee is treated in a different way from other employees in a manner that is in conflict with the law such worker is said to have been discriminated against based on various factors like sex, age, ethnicity, religion, trade union membership and political opinion among others
And there are legislations guarding against this act; the ILO regards the elimination of discrimination in respect of employment and occupation as a fundamental principle which all member states are obliged to respect. And while Nigeria ratified the ILO Equal Remuneration Convention, 1951 and the Discrimination (Employment and Occupation) Convention, 1958, protection against discrimination in Nigeria is very weak.
This is in spite of anti-discrimination laws. There is an anti-discrimination protection in Section 42 of the Constitution which states that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person be subjected either expressly by or in the practical application of any law in force in Nigeria or any executive or administrative action of the government to disabilities or restriction to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject.
This is however a limited provision in many ways; it seems to protect Nigerian citizens only and it merely protects a person against discrimination based on statute or arising from the application of a statute or discrimination based on executive or administrative action of the government.
And due to the fact that government is becoming an insignificant employer as the private sector employs majority and there is no constitutional protection as such for employees in respect of discriminatory policies in the workplace.
Section 42(2) which provides that no citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth does not afford better protection either. The constitution does not define the phrase circumstances of his birth. The phrase is rather too nebulous.
Discrimination in the workplace is also forbidden by section 17 of the Constitution. The section states that the state social order is founded on the ideals of freedom, equality and justice. It goes on to provide that every citizen shall have equality of rights, obligations and opportunities before the law.
A person who is eligible to belong to a trade union cannot be denied membership of the trade union on the ground that he or she is of a particular community, tribe, place of origin, religion or political opinion. Section 12 of the Trade Unions Act says If any person is refused admission into a trade union on the stated discriminatory grounds, the union and all its officials shall be guilty of an offence.
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