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Guidance for employers financed by the european bank for reconstruction and development (ebrd) on complying with national and international laws related to non-discrimination and equal opportunity in employment. It covers topics such as prohibited grounds for discrimination, recruitment, wages and working conditions, and employer safeguards against discrimination.
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Employment decisions, such as recruitment, dismissal, promotion, are not made (directly or indirectly) on the basis of personal characteristics such as sex, race, nationality, etc, but rather on the ability to do the job Employer has policies which promote equality of treatment and prohibit harassment in the workplace Managers are trained in principles of non‐discrimination
PR2.10 Non‐discrimination and equal opportunity : Projects will comply with EU requirements on non‐ discrimination related to employment. In particular, the client will: Not make employment decisions on the basis of personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or sexual orientation, unrelated to inherent job requirements Base the employment relationship on the principle of equal opportunity and fair treatment, and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. Special measures of protection or assistance to remedy past discrimination or promote local employment opportunities or selection for a particular job based on the inherent requirements of the job, which are in accordance with national law, will not be deemed discrimination.
1. What is discrimination?
Some exceptions to non‐discrimination requirements Distinctions based on the inherent requirements of the particular job or task are permissible, although this exception should be applied narrowly. Measures to assist or protect some workers may be permissible under international law (e.g. maternity protection for women), or under national laws designed to meet the needs of persons who are generally recognized to require special protection or assistance (e.g. preferential treatment to women in hiring in order to remedy the effects of past discrimination).
2. Discrimination at different stages of the employment relationship Recruitment, training, promotion and termination Wages and conditions of work Job applicants or workers should not be asked about or to undertake health or pregnancy tests (except as strictly required by health and safety laws) or be asked directly or indirectly about HIV/AIDS status. Health assessments Workers should be treated equally in relation to working conditions (e.g. working hours, security of tenure, leave, safety and health measures, social security and other benefits) and pay (including additional payments such as overtime, bonuses, allowances and in kind benefits). Women must receive equal pay for work of equal value. This means that rates of remuneration (including the basic wage and any additional cash or non‐cash benefits) must be established without any discrimination based on sex. Discriminatory reasons should not be a factor in hiring, training, promotion, training and termination decisions, including redundancy. Job announcements, application forms or interviews should not refer to an applicant’s gender, marital status, age, race, disability or other personal characteristic that is irrelevant to the job. For example, as a general rule, women should not be asked if they are married, pregnant or have children (or are planning to). The procedure and criteria applied during retrenchment phases should be objective and transparent and should not disadvantage one group over another.