Gender Discrimination
BY
ALFRED ACANGA
COURSE OBJECTIVES
By the end of this session, it is expected that
the learner will have covered the following;
• Introduction to the concept of Discrimination
• Definitions of discrimination
• Causes and impacts of discrimination
• Focus on the issue of Sexual Harassment as a form
of Discrimination
• Policy measures to redress Sexual Harassment at the
workplace
Definitions of Discrimination
CEDAW Employment Act (2006)
any distinction, exclusion
1995 IDS - Bridge
Section 6(3)
or restriction made on the Constitution The systematic,
basis of sex….in the
unfavourable treatment of
political, economic, social,
individuals on the basis of
cultural, civil or any other
their gender, which denies
field
them rights, opportunities
or resources
Equality and Non-Discrimination: unlawful and … includes any
Notwithstanding anything in this distinction, exclusion or preference
Constitution, the State shall take made on the basis of race, colour, sex,
affirmative action in favour of groups
religion, political opinion, national
marginalised on the basis of gender,
age, disability or any other reason
extraction or social origin, the HIV
1979 created by history, tradition or custom,
for the purpose of redressing
status or disability which has the
effect of nullifying or impairing the
imbalances which exist against them 2000 treatment of a person in employment
or occupation, or of preventing an
employee from obtaining any benefit
Art. 21 under a contract of service .
Global Situation of Women – IDS (2000)
Earnings from Work
range from 50 - 85% of men’s
earnings
Working Hours
1
67% of the world’s
working hours 3 4
.
Political Representation
make up just over 10% of
reps in national gov’t
2
Literacy Levels
2 out of 3 of the world’s
illiterate
Discrimination - Causal Factors
Son Preference
Global Problem not only in
Developing world
Level of Education
Other Contextual Factors Contradiction of Arts 30 & 34 of 1995 Constitution
Cultures keep evolving
01
08
02
Religious Factors
Health Status People denied opportunities due to religious
Source of Stigma and denial of access 07 beliefs
to personal preferences / options 03
06 04 Cultural Practices
Socio-economic Status 05 Partriarchal injustices that are self-defeating to
Leverage bargaining power in the home and culture as a reflection of people’s reality
community
Employment Status
Access to resources and opportunities tied to
one’s level ofemployment
Sexual Harassment
• Hostile work environment …, which occurs when
unwelcome sexual advances or a wide range of verbal or
physical sexual conduct unreasonably interferes with a
person’s job or create an intimidating or offensive work
atmosphere. – US Supreme Court
• Harassment means verbal or physical abuse or behaviour
that unreasonably interferes with work or creates an
intimidating, hostile, or offensive work environment
including intimidation. – Sexual Harassment Regulations
(2012)
Sexual Harassment – The Ugandan Legal View
Sexual Harassment will have been deemed to have occurred when a supervisor and or
their agent;
(a) Directly or indirectly makes a request of that employee for sexual intercourse,
sexual contact or any other form of sexual activity that contains;
a. An implied or expressed promise of preferential treatment in employment
b. An implied or expressed threat of detrimental treatment in employment
c. An implied or expressed threat about present or future employment
b) Uses language whether written or spoken of a sexual nature
(c) Uses visual material of a sexual nature or
(d) Shows physical behaviour of a sexual nature
Which directly or indirectly subjects that employee to behaviour that is unwelcome or
offensive to that employee and that, either is by its nature or through repetition, has a
detrimental effect on that employee’s employment, job performance, or job satisfaction –
Employment Act (2006) Section 7(1)
Forms of Harassment at Work
❖ Unwanted Sexual attention
❖ Any unwelcome physical contact
❖ Sexual remarks about a person’s body or clothing
❖ Sexual questions, jokes and stories
❖ Sexually explicit materials showed in the workplace
❖ Being asked to respond sexually with the direct or indirect implications that refusal will
be punished
❖ Career threats at work especially during performance evaluations
❖ Sexual assault and rape
❖ Verbal sexual harassment in the form of being addressed in unwelcome and offensive
language
❖ Constant pestering and invitations for dates and parties
❖ Unsolicited for text messages usually at awkward hours
Source: Kiwalabye (2011)
Typologies of Sexual Harassment
People are generally affected by one or more of the following
types of sexual harassment
Gender Harassment
1 On the basis of one’s gender
Seductive Behaviour
2 manipulative strategy with the victim’s interests and
feelings not being taken into consideration
Sexual Bribery
3 seeks to conceal the selfish interest of the perpetrator by
presenting a reward for compliance.
Sexual Coercion
4 fueled by the uneven power relations between two parties
involved. Rejection usually attracts harsh consequences
Sexual Imposition
5 include forceful touching (groping, fondling, examining,
grabbing), and physical assault.
Sexual Harassment at Workplaces
In Management Positions
28% less chances of facing harassment
SH Policy at Workplace
13% aware of policy at workplace
01
04
Exposure to Sexual Harassment
36% More risk for unmarried & new staff
03
Yielded to Harassment
26% yielded and future poor performance
ignored
02
05
Ever been Harassed at Work
58% reported ever being harassed during career
Source: Kiwalabye (2011)
Effects of Sexual Harassment
Psychological
depression, anxiety, shock, episodes and
outbursts of anger, denial, fear,
Job Related embarrassment, a sense of powerlessness,
• changing their career goals, an undue feeling of shame, guilt, self-
• swapping their job assignments consciousness, a low level of self-esteem
• decrease in their job
satisfaction
• decline in their job ratings
(even if it is done objectively) Physiological
• missed opportunities for career
headaches, gastrointestinal distress (for
growth
instance ulcers), dermatological
• under performance
reactions (skin related ailments),
• Absenteeism
fluctuations with their weight, insomnia
• withdrawal from the
as a result of nightmares and other sleep
workplace.
deficiency reasons, development of
phobias, on set of panic reaction and for
the married people, development of
sexual problems.
Strategies to address Sexual Harassment
❑Enforcement of Policies
❑Use of Sanctions and Rewards
❑Empowering Victims
❑Awareness Creation / Sensitization
❑Use of Change Champions
❑Affirmative Action
❑Guidance and Counseling
❑Others
THANK YOU
