Working Through Work: Why Women Discrimination in the Workplace Persists

• Discrimination faced by women at their workplace is vastly intersectional and of several types. 
• Women discrimination in the workplace actually converts to monetary loss to the employer and the global economy.
• What measures one can take to stop and prevent discrimination against women at the workplace.

Simplifying the Concept of ‘Discrimination’ 

Before delving into the harsh and overlooked reality of women discrimination in the workplace, it is important to understand what the term ‘discrimination’ means. An act or a failure to act is considered discriminatory when a person (or several people) are treated differently, be it intentionally or negligently. The theoretical understanding of ‘discrimination’ requires a fundamental understanding of ‘identity’. 

The identity of an individual is intersectional, not solitary. However, this sometimes also means that some people might face multiple types of discrimination simultaneously. For example, an indigenous woman experiences discrimination in part because they are indigenous and in part because they identify and/or present as a woman.

The Discrimination (Employment and Occupation) Convention, 1958 (No. 111) of the International Labour Office defines the term ‘discrimination’ to include:

“(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;

(b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organisations, where such exist, and with other appropriate bodies.”

Forms of Women Discrimination in the Workplace

Historically, in most countries, women have never been welcomed into the workforce with open arms since they were thought to belong at home, raising their children. But women are strong enough to defy societal expectations where they feel the situation warrants.

State sanctions in the form of laws make it extremely difficult for women to get employed. Some national legislations do nothing to punish and deter women discrimination in the workplace. Others instead promote patriarchy and sexism, directly or consequentially.

Gender-based workplace discrimination can be of several kinds. A report published in 2018 by the World Bank posited seven ways in which national laws that contribute to women discrimination in the workplace:

Limiting Women’s Access to Institutions

Such limitations serve to hamper women’s autonomy, rendering them unable to make independent decisions such as travelling to workplaces, or even relocation or migration.

Several countries: 

• require the permission of the women’s husbands in order to work outside the home.
• restrict women from choosing where to live in the same way as men.
• restrict women from applying for a passport in the same way as men.

Legal obstacles to employment

Wrongfully restraining women in creating or accessing credit impacts them in numerous ways. Most commonly, it hinders their ability to find employment, and to attempt entrepreneurship. It also creates obstacles in opening formal bank accounts, and in building reputation requisite as collateral for loans is impeded. Several countries do not criminalise discrimination by creditors on the basis of marital status, and/or on the basis of gender. In other words, these countries grant creditors the leeway to create and abide by arbitrary standards that work to the detriment of women.

Obstacles to Employment per se

In addition to social barriers such as stigma, legal barriers hamper women’s ability to work, including gender-based job restrictions, lack of workplace protections and leave benefits.

Several countries:

• do not legally mandate equal remuneration for the same work.
• impose legal restraints on women’s choice of work.
• lack legal prohibition of gender-based discrimination in the workplace.
• do not penalise termination of employment merely on the basis of pregnancy.

Barriers to Justice

The cost of litigation deters several women from accessing justice even when they’re willing to brave societal stigma. The manner in which women are treated in court and at police stations severely impedes women’s rights and the exercise thereof. Several countries consider women’s testimonies in courts less weighted or valued  than men’s.

Violence Against Women

Violence may be physical, emotional, mental or even financial/economic. Financial or economic violence takes place when women’s incomes are controlled by other persons such as their spouses or parents. Such violence against women serves to limit their ability to work. Several countries still lack laws prohibiting domestic violence. Harassment faced by women at or in transit to and from work remains a significant form of women discrimination in the workplace even today.

Lack of Incentives to Work

Support such as tax credits and the availability of childcare for young children can help women enter and remain in the workforce.

However, several countries:

• do not offer tax deductions to childcare-related expenditure.
• do not mandate employment to the same or equivalent positions to mothers post maternity leave.
• do not have government funded childcare services.

Impediments in Ownership of Property

Legal check-mates relating to property ownership and inheritance rights can limit women’s economic prospects, thereby affecting their prospects for financial security.

Several countries:

• have at least one constraint on women’s property rights.
• do not recognize non-monetary contributions to the household.
• do not recognize succession and inheritance of property of daughters in the same ways as sons.
• do not grant widows equal inheritance rights as widowers.

Impact of Women Discrimination in the Workplace

While it is, of course, women that primarily suffer from women discrimination in the workplace, the impact of such discrimination is far-reaching, especially economically. 

Research shows that gender gaps in entrepreneurship and labour force participation by women account for approximately 27% income losses in the Middle East and North Africa. Similarly,  Latin America and the Caribbean face a 14% income loss. Said losses aggregate to around 19% and 10% in South Asia and in Europe respectively. The productivity of the labour sector can also increase by up to 25 percent simply by eliminating legal barriers preventing women from working in specific occupations and sectors. 

Dr. Heymann, a UCLA Distinguished Professor, stated that entirely eliminating gender gaps globally could boost annual GDP by $28 trillion. “Countries can afford to act and can’t afford not to,” he said.

A 2024 report published by the World Bank states that reducing the gender gap in employment and entrepreneurship can potentially increase the global gross domestic product by more than 20%. Additionally, it states that the complete elimination of the gender gap over the next decade can effectively double the current global growth rate.

How can things change?

Women are not less than anyone, and are capable of accomplishing feats that others may have failed to. In order to reduce women discrimination in the workplace, countries need to make urgent reforms in their laws and policies to not just protect women but empower them to live their lives as they please.

Conclusion:

As individuals, workplace discrimination can be thwarted by ensuring that women feel safe and heard, as opposed to uncomfortable and ignored. A great first step in reducing discrimination against women is to establish and publicise the existence of an Internal Complaints Cell. Last but not least, transwomen are women, too! It should ideally go without saying, but ensuring that steps are taken to protect and empower them is, obviously, just as important in the ultimate upliftment of all women.

How Does Gender Discrimination in the Workplace Affect Women?

Facing discrimination at one’s workplace can be a major stressor, and can negatively impact one’s mental health. This can cause one’s productivity and performance to reduce drastically. Getting fired or demoted as a result can turn this situation into a vicious cycle that can severely impact personal life as well.

How does one fight gender discrimination as a man?

Use that male privilege to support your colleagues! Stepping up and stopping discriminatory behaviour if you see it playing out is one of the most immediate ways to offer support. 

What Can Employees Do to Ensure Workplaces Don’t Exploit Women?

Going over employment policies, reporting incidents of workplace discrimination or filing complaints with the relevant government or judicial authority can be of massive help.