Distance Course in Legislative Drafting for Democratic Social Change
Past Projects: Labor Protections & Employment Discrimination
Egypt: Child labor
Employers of Egypt’s 3 million child laborers mistreat and underpay children; force them to work under difficult conditions; deprive them of education; subject them to health, social, and psychological problems; and prevent them from enjoying a developmentally appropriate childhood. This report proposes a prohibition on the employment of children under age 12; restrictions on the hours and duties of laborers aged 13-18; and specific fines and penalties for employers who violate the law. The proposed solution would also include education for parents about the law and the dangers of child labor; alternative educational arrangements for economically vulnerable children, and vocational training for dropouts, funded in part through fines imposed on non-compliant employers.
Canada: Pay equity
On average, women receive significantly less pay than men for similar work, and women remain disproportionately employed in less skilled, lower-paying sectors regardless of their educational attainment. This report proposes a pay equity scheme in which a Pay Equity Officer or Committee would assign points to jobs on the basis of four criteria: the skill/education level required to do the job; the mental and physical effort needed; the responsibility of the position held, and the working conditions of the job. Jobs with equivalent point scores would merit equal pay.
Cook Islands: Gender-based employment discrimination
Women face sex discrimination in hiring and promotion, and the current appeal process imposes undue risk and embarrassment on victims. This report proposes to create the position of Sex Discrimination Officer (SDO). The SDO would be responsible for educating employers about non-discriminatory approaches to hiring, promotion, and supervision (for example, assisting with development of neutral interview and performance evaluation criteria). The SDO would also arrange for mediation if a victim of sex discrimination chooses to pursue a complaint outside the courts.
Barbados: Disability-based employment discrimination
Employment discrimination against people with disabilities results in their disproportionate poverty and dependence on social services. Employers may also cause psychological and physical stress for employees with disabilities, thus reducing their productivity and capacity to function in their jobs. This report proposes prohibitions on specific forms of employment discrimination (in hiring, promotion, transfer, training, tenure, or occupational benefits) against people with disabilities. The proposed solution would also require employers to provide reasonable accommodations and to ban workplace harassment of employees with disabilities. Finally, the proposal calls for the establishment of a Discrimination Rights Commission to oversee enforcement of the law.
Hong Kong: Minimum wage
Indonesia: Child Labor
Employers subject child laborers to exploitation and abuse. This report proposes a prohibition on the employment of children under age 13 and restricts the hours, working conditions, and duties of laborers aged 13-18. The proposed solution would also require employers to send child laborers to school and forbids them to employ any person under the age of 18 unless the parents and the Minister of Manpower and Transmigration give written permission and the Minister of Public Health and Social Welfare certifies the family’s need for the child’s income.
Ethiopia: Discrimination against people with HIV/AIDS
Employers discriminate against workers with HIV/AIDS, denying them employment opportunity and subjecting them to unfair practices. This report proposes a prohibition on pre- or post-employment HIV/AIDS testing (with exceptions for public health designated by the Ministers of Health and of Labor and Social Affairs). The proposed solution also prohibits employers from considering HIV/AIDS infection in regard to decisions about promotion, transfer, change of job status, training, occupational benefits, demotion, or job security. Finally, the proposal would require employers to provide training and protections against the spread of HIV/AIDS in the workplace and stigmatization of infected employees.
Uganda: Unequal opportunity for women, ethnic minorities
Employers frequently discriminate in hiring, promotion, and tenure on the basis of gender, race, age, religion, and disability. This report proposes an intransitive bill that would create an Equal Opportunities Commission.The Minister of Gender, Labour, and Social Affairs, in consultation with the Equal Opportunities Commission, would make regulations on the conduct of meetings; the procedure for obtaining information and documents; and the appearance of witnesses before the Commission. On the basis of the evidence collected through these means, the Minister and Commission would draft legislation aimed at eliminating employment discrimination.
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