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Publication date: 1 February 2023

Jody Heymann, Sheleana Varvaro-Toney, Amy Raub, Firooz Kabir and Aleta Sprague

While only one aspect of fulfilling equal rights, effectively addressing workplace discrimination is integral to creating economies, and countries, that allow for everyone's full…

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Abstract

Purpose

While only one aspect of fulfilling equal rights, effectively addressing workplace discrimination is integral to creating economies, and countries, that allow for everyone's full and equal participation.

Design/methodology/approach

Labor, anti-discrimination, and other relevant pieces of legislation were identified through the International Labor Organization's NATLEX database, supplemented with legislation identified through country websites. For each country, two researchers independently coded legislation and answered questions about key policy features. Systematic quality checks and outlier verifications were conducted.

Findings

More than 1 in 5 countries do not explicitly prohibit racial discrimination in employment. 54 countries fail to prohibit unequal pay based on race. 107 countries prohibit racial and/or ethnic discrimination but do not explicitly require employers to take preventive measures against discrimination. The gaps are even larger with respect to multiple and intersectional discrimination. 112 countries fail to prohibit discrimination based on both migration status and race and/or ethnicity; 103 fail to do so for foreign national origin and race and/or ethnicity.

Practical implications

Both recent and decades-old international treaties and agreements require every country globally to uphold equal rights regardless of race. However, specific national legislation that operationalizes these commitments and prohibits discrimination in the workplace is essential to their impact. This research highlights progress and gaps that must be addressed.

Originality/value

This is the first study to measure legal protections against employment discrimination based on race and ethnicity in all 193 UN countries. This study also examines protection in all countries from discrimination on the basis of characteristics that have been used in a number of settings as a proxy for racial/ethnic discrimination and exclusion, including SES, migration status, and religion.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 42 no. 9
Type: Research Article
ISSN: 2040-7149

Keywords

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Article
Publication date: 23 October 2020

Aleta Sprague, Amy Raub and Jody Heymann

As coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries' existing…

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Abstract

Purpose

As coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries' existing labor and social security laws often exclude the most vulnerable workers from coverage, exacerbating existing inequalities. Guaranteeing the rights to adequate income even when ill, decent working conditions and nondiscrimination in constitutions may provide a foundation for protecting rights universally, safeguarding against counterproductive austerity measures, and providing a normative foundation for equality and inclusion as economies recover. The purpose of this article is to examine the prevalence of these rights globally and assess some of their early impacts amid the pandemic.

Design/methodology/approach

The authors created and analyzed a database of constitutional rights for all 193 United Nations member states. All constitutions were double coded by an international multidisciplinary, multilingual team of researchers.

Findings

This study finds that 54% of countries take some approach to guaranteeing income security in their constitutions, including 23% that guarantee income security during illness. Thirty-one percent guarantee the right to safe working conditions. Only 36% of constitutions explicitly guarantee at least some aspect of nondiscrimination at work. With respect to equal rights broadly, constitutional protections are most common on the basis of sex (85%), followed by religion (78%), race/ethnicity (76%), socioeconomic status (59%), disability (27%), citizenship (22%), sexual orientation (5%) and gender identity (3%). Across almost all areas, protections for rights are far more common in constitutions adopted more recently.

Originality/value

This is the first study to systematically examine protections for income security and decent work, together with nondiscrimination, in the constitutions of all 193 UN member states.

Details

International Journal of Sociology and Social Policy, vol. 40 no. 9/10
Type: Research Article
ISSN: 0144-333X

Keywords

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