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Discrimination in the workplace and standing up for your rights

Wayne Campbell

“Don’t tolerate victimization silently, dare to raise your voice against persecution. Otherwise, this world will not let you survive.” — Shaima Sadiya

Discrimination has always been part of the development of societies and often takes various forms. For example, racism, xenophobia, sexual orientation, gender-based discriminations, color, HIV status, and religious and political affiliations have become commonplace in discriminating against minorities. This narrative is problematic and must be addressed.

Job victimization can be quantified in economic terms. Discrimination in the workplace and its economic impact are just two reasons why unions are needed around the world. Unfortunately, in Jamaica, we have not done much research regarding the economic loss from discrimination. Read below to understand the challenges and principles that have given rise to labor unions around the world.

Abuse of authority

Abuse of authority is the improper use of one’s position of influence, power or authority against an individual or a group. This can include a one-time incident or a series that create a hostile or offensive work environment. Abuse of power is described but is not limited to the following: use of intimidation, threats, blackmail or coercion. Employees need to reclaim their voices and speak out regarding this form of discrimination, which is pervasive within the workspace.

Morality and ethics

Ethics is a branch of philosophy that “involves systematizing, defending, and recommending concepts of right and wrong behavior.”

Morality can be a body of standards or principles derived from a code of conduct used in a particular philosophy, religion or culture. It can also derive from a standard that a person believes in. Discrimination in employment and occupation means treating people differently or less favorably because of characteristics that are not related to their merit or the inherent requirements of the job. 

Principle 6 of the United Nations Global Compact states that discrimination is indirect and arises where rules or practices have the appearance of neutrality but in fact lead to exclusions. This indirect discrimination often exists informally in attitudes and practices, which if unchallenged can perpetuate in organizations. Discrimination may also have cultural roots that demand more specific approaches.

Human rights

The United Nations declares that human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and much more.  Everyone is entitled to these rights, without discrimination.

The United Nations has put forward three sets of factors that employers can adapt to enshrine human rights in their organizations. Particular attention must be paid to countries where laws are widely known to fall short of international standards and where enforcement may be inadequate. The necessary legislative framework should be enacted to protect the human rights of employees. The second set of factors involves considering whether the company is causing or contributing to adverse human rights impacts through their own activities within that context for example, in their capacity as producers, service providers, employers and neighbors.

Companies should then address those impacts by adjusting their policies and practices to prevent the infringement from occurring. The third set of factors is an analysis of the company’s relationships with government, business partners, and other non-state actors to consider whether they might pose a risk for the company in terms of implicating it in human rights abuse.

Trade unionism in the Caribbean

The end of slavery in 1838 did not result in an end of the struggle for freedom. Although there have been isolated instances in the British West Indies to establish trade unions there was no significant development until the riots of 1935-39. The spontaneous rioting that took place in Trinidad, British Guinea, Jamaica, Barbados and St. Kitts and Nevis was influenced particularly by Garveyism, which saw the awakening of the Caribbean workers as they organized the first workers’ association and unions. The 1930s was characterized by much advocacy and activism as workers demanded not only pay increases but also proper social services such as housing and self-government. The 1930s saw the intersection of labor unions and politics. In Jamaica, the Bustamante Industrial Trade Union formed in 1938 is associated with the Jamaica Labour Party, while the National Workers Union founded in 1952 is linked to the Peoples National Party. The basic concept of Caribbean labor has been the acceptance of the common law principle that the relationship between a master and his/her servant or an employer and employee is based upon the individual contract of employment.

Standing up for your rights

The narrative surrounding human rights needs to change. We live in a society where the culture is one in which we poke fun at human rights abuses. A more inclusive approach to human rights is required in order to bring society together. 

The post-trade union era has not been one without industrial relations conflicts. The rights of workers continue to be breached and discrimination in the workplace continues. A significant part of the problem we face in Caribbean societies is grounded in the length of time it takes for the wheel of justice to evolve. As a result many employees do not report cases of discrimination and unfair work practices and prefer to walk away. This attitude of submissiveness is problematic and is far removed from that indomitable spirit of our ancestors.

Those who abuse their authority do so in a web of intimidation, interference and isolation. These tools are strategic and are meant to break the will of that employee who has been targeted. 

We therefore must recalibrate and rethink our positions and become more vocal concerning abuses in labor relations. It is only by strengthening labor rights that we can expect to see significant changes not only in work place attitudes but also in labor relations both in the public and private sectors.   

In the words of Bob Marley, “Get up, stand up. Stand up for your rights. Get up, stand up. Don’t give up the fight.”

Wayne Campbell is an educator and social commentator with an interest in development policies as they affect culture and or gender issues. This week, he discusses the reasons why labor unions are still needed and relevant.

labor relations, workplace discrimination

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