Page 413 - Discrimination at Work The Psychological and Organizational Bases

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CHAO AND NGUYEN
There are two restrictions on the scope of this chapter. First, all the
other chapters in this volume address employment discrimination from
an American perspective; thus, we will minimize our coverage of U.S. em­
ployment laws and practices to avoid redundancy. Second, we limit our
review to employment practices in formal organizations with adults vol­
untarily employed. Thus, forms of contemporary slavery, illegal migrant
workers, and child labor will not be discussed. Our chapter will focus on
how people from diverse countries are protected from various forms of
employment discrimination and how organizations can guard against this
discrimination.
DEFINING EMPLOYMENT DISCRIMINATION

Global Frameworks of Rights

There are several regional and global declarations advocating fair employ­
ment practices. Table 16.1 provides excerpts from major documents from
the International Labour Organisation (ILO) and the United Nations (UN)
to illustrate the scope of these doctrines. The ILO international labor stan­
dards were established by eight fundamental conventions addressing four
broad areas: rights to organize at work, forced labor, child labor, and dis­
crimination in employment. The two conventions dealing with discrimi­
nation are summarized in Table 16.1. ILO member states are legally bound
to a convention if they ratify it. To date, most of the 175 member states have
ratified the fundamental conventions related to discrimination in employ­
ment, although there are notable exceptions (e.g., the U.S. has not ratified
either convention). If a member state does not ratify a convention, it is still
obligated to respect and promote the principles of that convention even
though it is not legally bound to it (Declaration on Fundamental Principles
and Rights at Work, International Labour Organization, 1998).
Similarly, the UN's Universal Declaration of Human Rights consists
of globally accepted principles for human rights in general and in em­
ployment in particular (United Nations, 1948). The rights protected in this
accord were made legally binding by the International Covenant on Eco­
nomic, Social and Cultural Rights (United Nations, 1960) and has served as
a general moral framework for internationally acceptable behaviors with
respect to employment and occupation for over 50 years.

National Laws Against Discrimination

A review of current antidiscrimination employment laws and regulations
showed most nations adopted or amended legislation within the past