LA.4.a. Non-discrimination

Does the company ensure that employment-related decisions are based on relevant and objective criteria?


Discrimination can include any distinction, exclusion or preference made on the basis of illegitimate distinguishing personal characteristic. The grounds for discrimination that are recognised and prohibited under international human rights law include gender, age, nationality, ethnicity, race, colour, creed, caste, language, mental or physical disability, organisational membership, opinion, health status (including HIV or AIDS status), sexual orientation, marital status, birth, or civic, social, or political characteristics of the employee.


Discrimination can be direct or indirect. Direct discrimination occurs whenever a company practice specifically targets a particular group of employees because of a distinguishing personal characteristic, and treats that group worse than the others. Indirect discrimination occurs when the practical application of a company policy, procedure or practice negatively impacts a group of people - even if the policies, procedures or practices appear neutral. For example lack of female changing rooms can keep women from entering certain job functions in a company.


This question applies to workers directly engaged by the company (direct workers) and workers engaged through third parties to perform work related to core business processes for a substantial duration (contracted workers operating within company premises).


The question relates to the right to non-discrimination and the right to work and just and favourable conditions of work, the right to thought, conscience and religion, the right to participate in the cultural life of community, the right to equal pay for equal work. The question is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Articles 1, 2, and 23; International Covenant on Economic, Social and Cultural Rights (1966), Article 7(a); Convention on the Elimination of All Forms of Discrimination against Women (1979), Article 11(1); ILO Equal Remuneration Convention (C100, 1951), Articles 1 and 2; ILO Discrimination (Employment and Occupation) Convention (C111, 1958) Article 1; ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (1977), Articles 21, 22 and 41; ILO Right to Organise and Collective Bargaining (C98, 1949), Article 1. IFC Performance Standard 2: Labor and Working Conditions.



First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company identifies different types of discrimination, including those rooted in formal structures and cultural traditions.

It is company policy to ensure that decisions concerning hiring, wages, promotion, training, discipline, retirement and termination are based only on unbiased criteria, and are not linked to any of the discriminatory characteristics listed in the description for this question.

Each job category in the company has a written description stating the salary level and the qualifications required for that job category.

The company ensures that employment advertisements do not reference discriminatory criteria, such as race, gender or age (unless listed as part of a legal equal opportunities promotion).

The company ensures that job applicants are not asked to give information about their marital status, pregnancy, intent to have children, number of dependents, or similar information that may lead to discriminatory hiring decisions.

All hiring managers receive training regarding the company's non-discrimination policies.

The company has established a procedure, accessible and known to all workers, where workers can safely report incidents of workplace discrimination.

The company takes reasonable steps to enable qualified persons with disabilities or health conditions to gain employment opportunities with the company, for example by providing wheel chair access, flexible working hours, longer breaks etc.

Step 2. Answer the main question:

Does the company ensure that employment-related decisions are based on relevant and objective criteria?

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    1. Select a question

    2. Click "Answer this question"

    3. Answer the indicators

    4. Answer the main question






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