Access to the Labor Market
It is advised that countries adopt the following good practice policy actions: ■■ Establish legal frameworks allowing victims of SOGI-related employment discrimination
to report discrimination and harassment cases in the public and private sectors and pursue available remedies.
■■ Ensure that free or reduced-cost legal aid is available to employment discrimination victims
if necessary.
Notes 1. Questions addressing discrimination in employment and the workplace in the indicator set on access to the labor market include: Are there any laws, constitutional provisions, and/or regulations prohibiting discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics in public and private sector workplaces at the national level? Are there any laws and/or regulations prohibiting discrimination in recruitment in the public sector based on SOGI? Are there any laws and/or regulations prohibiting discrimination in recruitment in the private sector based on SOGI? Are there any laws and/or regulations prohibiting sexual and gender minorities from obtaining employment in specific industries? Are there any laws and/or regulations prohibiting an employer from asking an individual’s SOGI and/or marital status during the recruitment process? Are there any laws and/or regulations prohibiting the dismissal of employees on the basis of their perceived or actual SOGI? 2. Ontario’s Human Rights Code of 1990. 2019 (amended). Article 5: “(1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. (2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.” 3. Kosovo, Law No.05/L-021 on Protection from Discrimination. Article 1, Section 1: “The purpose of this law is to establish a general framework for prevention and combating discrimination based on nationality, or in relation to any community, social origin, race, ethnicity, colour, birth, origin, sex, gender, gender identity, sexual orientation, language, citizenship, religion and religious belief, political affiliation, political or other opinion, social or personal status, age, family or marital status, pregnancy, maternity, wealth, health status, disability, genetic inheritance or any other grounds, in order to implement the principle of equal treatment.” Article 2, Section 1: “This law applies to all acts or omissions, of all state and local institutions, natural and legal persons, public and private sector, who violate, violated or may violate the rights of any person or natural and legal entities in all areas of life, especially related to: 1.1. conditions for access to employment, self-employment and occupation, including employment conditions and selection criteria, regardless of activity and at all levels of the professional hierarchy, including promotions; … 1.3. conditions of employment and working conditions, including discharge or termination of the contract and salary; 1.4. membership and involvement in organizations of workers or employers or any organization whose members exercise a particular profession, including the benefits provided for by such organizations.”
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