Tackling sex discrimination through pay equity

Overall, the gap in access to education has closed, but in some countries women still tend to have fewer years of schooling than men because girls’ education is seen as less useful or less economically beneficial. This discrimination in education then translates into fewer job opportunities.

Mothers need to stop work around the time of the birth of their children. Men also have work interruptions, but there is a higher penalty for women: women with children are likely to be paid less than men, and less than other women without children.

Women also perform an unequal share of family and household tasks, which can take time away from their jobs and leave them with fewer opportunities for career advancement.

While men predominate in better paying and high status jobs, as well as holding more supervisory positions, women are concentrated in lower paying and lower status jobs with little decision-making power. This is often a result of stereotyped assumptions regarding what type of work is “suitable” for women and men.

The majority of part-time workers are women, which contributes to unequal remuneration. Women may work part time by choice, but many do so because they shoulder an unequal share of family responsibilities. In some countries, gender stereotypes mean that part-time work is the only option available to women.

Enterprises employing mainly women tend to be small, and smaller enterprises are less likely to have unions representing their workers. In smaller workplaces where women are not unionized or represented at the collective bargaining table, pay levels tend to be lower for women.

Pay discrimination can take many forms, both direct and indirect. In some instances, pay rates are specifically based on whether the worker is a woman or a man, which is clear and direct discrimination. More often, discrimination is subtle and indirect, such as paying lower wages in sectors traditionally associated with women.

In Australia, the highest labour tribunal found that low pay in the social, community, home care and disability services industry – where more than 80% of employees were women – was gender-based. The trade unions and Government negotiated an equal remuneration order which established wage increases of up to 45% for women workers.

In Canada, the Equality Commission of Quebec has created a free online tool to help users undertake gender-neutral job evaluations.

In El Salvador, the labour inspectorate has established a specialized unit on gender and non-discrimination to enable labour inspectors to address equal pay issues.

In France, the Labour Code requires collective bargaining to also address gender equality, including identifying measures to eliminate gender pay gaps. Employers have to make information available annually to workers’ representatives on the jobs held by men and by women and their respective remuneration.

In Indonesia, a ministerial decision requires enterprises to establish wage structures and wage scales on the basis of a job analysis, job description and job evaluation.

In Kenya, the Employment Act provides that where discrimination is alleged, including cases concerning equal remuneration for women and men for work of equal value, “the employer shall bear the burden of proving that the discrimination did not take place”.

In Pakistan, the Labour Policy provides that “Minimum and above-minimum wages between women and men be paid on the basis of equal pay for equal work, and equal pay for work of equal value, as between men and women, in accordance with Pakistan’s obligations under ILO Conventions 100 and 111 concerned with equality and non-discrimination, respectively.”

In South Africa, the Employment Equity Act requires employers to include statements on differences in income between male and female employees as part of their employment equity reports. These provide data on remuneration for each occupational category and level, broken down by sex and race. In income statements with “disproportionate differentials”, employers must take measures to progressively reduce these differentials, including through collective bargaining.

In Switzerland, the Federal Act on Public Procurement stipulates that a contracting authority may only award a contract to a company that guarantees equal pay for women and men and has a system to verify compliance.

In Togo, the Labour Code states that “employers are to ensure equal remuneration for the same work or work of equal value for all workers, irrespective of their nationality, sex, age or status.”