Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

In previous comments the Committee has expressed its concern that employers’ preferences in hiringmales were not considered to constitute unlawful discrimination due to the lack of any specific legislative prohibition against the practice and an overly broad interpretation of inherent requirements of the job. The Committee notes that section 135 of the Labour Code continues to provide that "favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes" is unlawful discrimination. Noting that section 135 still does not include a prohibition for such favourable treatment of men over women on account of their sex in hiring, the Committee hopes that the Government will soon be in a position to report that women are also protected against discrimination in hiring practices in conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.