Skip to main content

Worker Treatment - Discrimination

  • Updated

Each question below includes its SLCP/FSLM key and the related recommendation. In some cases, the same guidance applies to multiple IDs.

Table of Contents

 

Race / Ethnic Group / Skin Color

Disc-6--1

Pregnancy / Maternity Status

Disc-6--10

Marital Status

Disc-6--11

Age

Disc-6--12

Nationality / Foreign Migrant Worker Status

disc-6--13

Other

Disc-6--14

Sex / Gender

Disc-6--2

Religion

Disc-6--3

Political Opinion

Disc-6--4

National Extraction

Disc-6--5

Social Origin

Disc-6--6

Disability

Disc-6--7

HIV / AIDS Status (real or perceived)

Disc-6--8

Sexual Orientation

disc-6--9

Recommendations

  • Employers must adopt a formal policy ensuring that promotions and training opportunities are based on merit, experience, and performance—not identity factors.
  • HR must document all promotion decisions to ensure compliance with non-discrimination laws and labor standards. 
  • Employers should perform regular audits of promotion and training records to identify patterns of discrimination or bias. If disparities are found, corrective measures must be taken immediately Employers should establish clear and measurable criteria for career advancement and training eligibility. 
  • Supervisors and HR must communicate these criteria to all employees to prevent unfair practices 
  • Employers should train HR personnel and supervisors on fair promotion practices, unconscious bias, and anti-discrimination policies. Performance reviews must be standardized to prevent personal biases from influencing promotions.

 

Facility requires the use of contraceptives or other forms of birth control at any time during employment

disc-8--2-2x

Recommendations

  • Employers must not force workers to use contraceptives as a condition of employment.
  • Policies that interfere with workers' reproductive rights should be immediately revoked. regnancy testing should only be voluntary and confidential and must never be used to deny employment. 
  • The facility must establish a written policy protecting workers from discrimination based on pregnancy or reproductive choices. 
  • HR and management must be trained to respect worker privacy and avoid illegal medical inquiries. 
  • Workers must be informed that pregnancy status and contraceptive use are personal choices, protected under international labor laws. 
  • Employers should ensure workers know their rights to file complaints if subjected to reproductive discrimination. Independent auditors should review hiring policies and medical testing procedures to confirm compliance with ILO standards. Employers found engaging in pregnancy or contraceptive discrimination must take immediate corrective action.

 

Are the facility's practices around making accommodations for physically disabled persons in line with legal requirements?

disc-9--1

Recommendations

  • Employers should evaluate workspaces, restrooms, and common areas to ensure they are accessible for workers with disabilities. If gaps are identified, immediate steps should be taken to improve accessibility, including installing ramps, elevators, and assistive technologies. 
  • Employers must adjust workstations, schedules, and job roles as needed to accommodate workers with disabilities. 
  • Assistive employers should conduct mandatory training for HR and management on disability rights and workplace inclusion. 
  • Training should cover non-discrimination policies, communication strategies, and legal responsibilities under disability rights laws. 
  • Employers must actively recruit and hire workers with disabilities to promote workplace diversity. Disabled workers should have equal access to promotions, training, and career development opportunities.

 

Are there written records of these cases?

hb-5--9

Recommendations

  • Employers must maintain accurate, detailed, and confidential records of all reported discrimination and harassment cases. 
  • Documentation should include dates, descriptions, investigations, witness statements, and resolutions. 
  • Anonymous reporting options should be available to protect employees from retaliation.
  • Workers should be informed about their rights to report discrimination and how complaints will be handled. 
  • HR personnel must document every reported discrimination case, even if the case does not result in disciplinary action. 
  • Regular audits should be conducted to ensure all complaints are handled fairly and consistently. 
  • Third-party reviews and anonymous worker surveys can help determine if discrimination issues are being properly addressed. Employers should analyze data trends to identify patterns of bias or harassment and take corrective action.
  •  All employees should be trained on workplace discrimination policies and their rights under ILO and Better Work standards. 
  • Supervisors and HR teams should receive training on proper documentation, case management, and how to prevent bias in handling complaints. 
  • Facilities must hold supervisors and managers accountable if they fail to document and properly handle complaints. 
  • If discrimination or harassment is identified, corrective actions should be taken immediately to ensure compliance with ILO and national labor laws.

 

Religion

wt-dis-10x

Political Opinion

wt-dis-11x

National Extraction

wt-dis-12x

Social Origin

wt-dis-13x

Disability

wt-dis-14x

HIV / AIDS Status (real or perceived)

wt-dis-15x

Sexual Orientation

wt-dis-16x

Pregnancy / Maternity Status

wt-dis-17x

Marital Status

wt-dis-18x

Age

Wt-dis-19x

Nationality / Foreign Migrant Worker Status

Wt-dis-20x

Family responsibilities

Wt-dis-21x

Other

wt-dis-22x

Recommendations

  • Clearly outline pay structures, bonuses, and wage increases to prevent hidden discrimination.
  • Workers should have access to information on how wages are determined to ensure fairness.
  • Ensure that promotions, training access, and salary increases are awarded based on merit and job performance.
  • Employers must train HR personnel and managers on unconscious bias, fair hiring, and non-discriminatory compensation practices.
  • Workplace policies should explicitly prohibit any wage discrimination based on gender, race, religion, or political opinion.
  • Employers must train HR personnel and managers on unconscious bias, fair hiring, and non-discriminatory compensation practices.
  • Workplace policies should explicitly prohibit any wage discrimination based on gender, race, religion, or political opinion.

 

Have there been cases of sexual harassment?

wt-dis-2

Recommendations

  • Employers must establish a written zero-tolerance policy on sexual harassment, outlining definitions, reporting mechanisms, disciplinary actions, and protections for victims. The policy should be displayed in common workplace areas and communicated clearly to all employees. 
  • Workers must have safe, secure, and anonymous ways to report sexual harassment without fear of retaliation. 
  • Employers must ensure all complaints are taken seriously, documented, and handled confidentially. Employers should regularly conduct anti-sexual harassment training for all workers, supervisors, and HR personnel. 
  • Training should focus on recognizing inappropriate behavior, understanding legal rights, and encouraging a workplace culture of respect. 
  • Every reported case of sexual harassment must be investigated immediately and impartially. Offenders must face strict disciplinary actions, including termination for severe cases. 
  • Employers should protect victims and witnesses from retaliation.
  • Employers should conduct periodic workplace audits and worker surveys to monitor sexual harassment risks and ensure compliance with labor laws. 
  • External third-party reviews and audits should be used to identify gaps and improve protections for workers.
  • Senior leaders, HR personnel, and supervisors must be held personally accountable for preventing and addressing sexual harassment. 
  • Failure to enforce policies should result in managerial penalties, including removal from leadership positions if necessary.

 

Facility requires pregnancy tests that are not required by applicable legislation

wt-dis-31

Recommendations

  • Employers must cease requiring pregnancy tests unless explicitly mandated by law for health and safety reasons. 
  • Pregnancy testing should only be voluntary and confidential and must never be used to deny employment.
  •  The facility must establish a written policy protecting workers from discrimination based on pregnancy or reproductive choices. 
  • HR and management must be trained to respect worker privacy and avoid illegal medical inquiries. 
  • Workers must be informed that pregnancy status and contraceptive use are personal choices, protected under international labor laws. 
  • Employers should ensure workers know their rights to file complaints if subjected to reproductive discrimination. 
  • Independent auditors should review hiring policies and medical testing procedures to confirm compliance with ILO standards. Employers found engaging in pregnancy or contraceptive discrimination must take immediate corrective action.

 

Is the facility in line with legal requirements when administering HIV / AIDS tests during employment?

wt-dis-33

Recommendations

  • Employers must eliminate any HIV/AIDS or illness testing requirements that are not legally mandated. Medical conditions should not be used as a basis for hiring, promotions, or job security decisions. If testing is legally required for public health reasons, employers must ensure that testing follows ethical and legal guidelines, including worker consent and confidentiality. 
  • Testing should be conducted only where medically necessary and in compliance with worker rights. If any testing is required by law, results should be kept strictly confidential and not be used to discriminate against workers. Workers should have full control over their medical records and test results.

 

Is the facility in line with legal requirements when administering other infection or illness tests (e.g. Hepatitis B) during employment?

Wt-dis-35

Has the facility taken legally required steps to enable workers with HIV/AIDS to retain their work, if they were medically able to?

wt-dis-37

Recommendations

  • Employers should only conduct medical tests when legally mandated for workplace safety or public health reasons. 
  • Any required testing should be voluntary, confidential, and in line with worker rights.
  • Workers should not be forced to undergo infection tests that are not required by law.
  • Employers must ensure medical testing policies are non-discriminatory and do not target specific worker groups. 
  • Employers should guarantee that workers with HIV/AIDS retain their jobs if they are medically fit to work. HR policies should explicitly prohibit discrimination based on medical conditions and ensure fair treatment of all employees. Employers must ensure that all medical records remain confidential and are not used to discriminate against workers.

 

Has the facility taken legally required steps to enable workers with infections or illness (other than HIV/AIDS) to retain their work, if they were medically able to?

wt-dis-39

Recommendations

  • Employers should develop a written policy ensuring that workers with HIV/AIDS and other illnesses are supported in retaining their employment. 
  • The policy should outline available accommodations, job modifications, and flexible work options. 
  • Employers should conduct HIV/AIDS and general health awareness programs to educate employees and reduce workplace stigma. 
  • Supervisors and HR personnel should receive training on medical confidentiality and anti-discrimination policies 
  • Employers should establish strict anti-discrimination policies ensuring that no worker is denied opportunities due to a medical condition, including HIV/AIDS or other infections.
  • Grievance mechanisms should be in place so that workers can report discrimination safely and confidentially.

 

Employment status not maintained

Wt-dis-42

Position not maintained

Wt-dis-43

Wages not maintained

Wt-dis-44

Benefits not maintained

Wt-dis-45

None of the above

wt-dis-46

Recommendations

  • Employers must ensure job security, full wages, and access to benefits for workers before, during, and after maternity leave. 
  • Maternity leave should not impact career progression, promotions, or salary adjustments. 
  • Employers must not terminate, demote, or unfairly transfer workers due to pregnancy or maternity leave. 
  • HR must actively monitor workplace treatment of maternity workers to prevent discrimination. 
  • Workers returning from maternity leave must be reinstated in their original positions with equal pay and benefits. 
  • All HR personnel and supervisors should receive training on non-discrimination policies related to maternity leave and pregnancy. Employers must inform workers of their maternity rights to prevent misinformation and ensure compliance.

 

Pakistan: Has the employer set up a functioning Inquiry Committee and designated a Competent Authority to handle harassment complaints?

wt-dis-48

Recommendations

  • Employers in Pakistan must establish an Inquiry Committee as required by law, including at least one female member to ensure gender-sensitive handling of cases. 
  • The committee should have clearly defined responsibilities, impartial members, and formal procedures for handling complaints confidentially. 
  • Employers must designate a senior official responsible for overseeing harassment complaints, ensuring investigations are impartial and in compliance with the law. 
  • This authority should be trained in harassment laws, ethical workplace conduct, and victim protection. 
  • Employers must conduct mandatory training sessions on harassment laws, complaint procedures, and workplace safety standards. 
  • Workers should be informed that reporting harassment will not affect their job security or future employment opportunities. 
  • The effectiveness of the Inquiry Committee should be reviewed regularly through external audits and worker feedback surveys. Failure to maintain an active and functioning committee should lead to legal and financial penalties for the employer.

 

Has the facility taken legally required steps to enable workers who become disabled (for whatever reason) to retain their work?

Wt-dis-49

Has the facility taken steps to enable workers who become disabled (for whatever reason) to retain their work, although there are no applicable legal requirements?

disc-9--2-2f

Recommendations

  • Employers must develop a written policy ensuring that workers who become disabled retain their jobs and receive necessary accommodations. 
  • Policies should align with ILO standards and national labor laws protecting workers with disabilities.
  • Employers should modify workstations, schedules, and job responsibilities to accommodate disabled workers.
  • Employers must ensure that HR personnel and managers are trained on disability inclusion, legal requirements, and reasonable accommodations. 
  • Supervisors should be educated on how to support disabled workers effectively.Workers should have confidential channels to report discrimination or lack of accommodations. All reports must be investigated promptly, with corrective actions taken to support affected workers.

 

Family responsibilities

Wt-dis-5x

Race / Ethnic Group / Skin Color

Wt-dis-8x

Sex / Gender

wt-dis-9x

Recommendations

  • Employers must adopt a formal policy ensuring that promotions and training opportunities are based on merit, experience, and performance—not identity factors.
  •  HR must document all promotion decisions to ensure compliance with non-discrimination laws and labor standards. 
  • Employers should perform regular audits of promotion and training records to identify patterns of discrimination or bias. If disparities are found, corrective measures must be taken immediately. 
  • Employers should establish clear and measurable criteria for career advancement and training eligibility. Supervisors and HR must communicate these criteria to all employees to prevent unfair practices. 
  • Employers should train HR personnel and supervisors on fair promotion practices, unconscious bias, and anti-discrimination policies. Performance reviews must be standardized to prevent personal biases from influencing promotions.

 

Have workers been denied access to any of their original personal documents (such as birth certificates, passports, work permits and ID cards) when they need them?

fl-14--1

Recommendations

Employers must not hold passports, work permits, or other personal identification documents. Workers should be allowed to keep their own documents at all times without needing approval from management to access them Employers must ensure that workers are never forced or pressured to hand over their documents

 

Are workers restricted from leaving the workplace in order to force them to work?

fl-9--1

Recommendations

  • Employers must return all documents, allow unrestricted access, and provide secure lockers for voluntary storage.
  • Employers must guarantee that workers can leave the workplace freely once their working hours are completed 
  • Employers must ensure that work contracts do not contain any coercive clauses that force workers to stay beyond their working hours. Workers should be fully aware of their right to leave after their shift ends, without any form of retribution.

 

Have any cases of violence or threats of violence to intimidate workers and force them to work occurred at the workplace?

hb-1

Recommendations

Establish a zero-tolerance policy, provide worker training on their rights, and implement disciplinary actions for violations.

 

Are there written records of these cases?

hb-1--2

Recommendations

Employers must maintain accurate, secure, and confidential records of all reported incidents and ensure they are reviewed by an independent oversight body.

 

Have any cases of threats, such as reporting to authorities, deportation or threats against a worker's family/close associates, or cancelation of visa or other documents (e.g. work permits, residence permits, etc.) occurred in order to force migrant workers to stay at the job?

hb-2

Recommendations

Employers must return all worker documents, ensure legal compliance, and allow migrant workers full mobility without fear of deportation threats.

 

Have workers been forced to work as a disciplinary measure or as punishment for participation in a strike?

hb-3

Recommendations

Implement free movement policies, remove any curfews, and ensure workers can leave at will.

 

Are there written records of these cases?

hb-3--2

Recommendations

Workers must have unrestricted access to leave dormitories and industrial parks at any time. Employers should not impose curfews or require managerial permission to leave.

 

Does the employer use any other coercive tactics to force workers to work?

wt-for-2

Recommendations

Implement strict policies prohibiting coercion, establish independent grievance mechanisms, and ensure workers can leave freely without repercussions.

 

Are workers free to come and go from the dormitories and the industrial park or zone in which the facility is located?

wt-for-5

Recommendations

  • Employers should revise their dormitory and industrial park policies to align with ILO standards and national labor laws. 
  • Any security measures should be for safety purposes only and must not prevent workers from leaving. 
  • Workers should be educated on their rights regarding freedom of movement. 
  • Employers must ensure that supervisors and security personnel are trained to respect workers’ freedom and understand that restriction of movement is illegal. 
  • Employers must ensure workers have a choice in where they live and are not financially pressured into dormitory residency.

 

Is the facility failing to comply with any legal requirements not covered elsewhere regarding Forced Labor in Worker Treatment?

wt-for-7

Recommendations

  • The facility must immediately review and align all policies with national labor laws and ILO Conventions. Regular compliance audits should be conducted to ensure full implementation of legal protections. 
  • Conduct mandatory training sessions to ensure all employees, managers, and security personnel understand forced labor laws and their rights. Employers should promote worker empowerment programs to reduce vulnerability to coercion. 
  • The facility must investigate all complaints thoroughly and take immediate corrective action.

Related to