Ombudsman for Equality

Discrimination in working conditions

Employers may be found guilty of discrimination if they manage work, delegate tasks or otherwise arrange working conditions in such a way that results in one or more employees finding themselves in a less favourable position than one or more employees of the opposite sex.

Managing work involves monitoring the use of time and the quality of work, organising workspace, distributing tools, and contributing to the development of employees’ careers and professional ability. Delegating tasks so that the most monotonous and tedious jobs are always given to members of just one sex constitutes discrimination. Examples of discriminatory practices include giving only men the opportunity to work overtime or turning only women’s jobs into part-time contracts.

Delegating tasks in a non-discriminatory manner is especially important in situations where the nature of work determines employees’ opportunities to progress to new, better-paid positions. Employers are not found to be guilty of discrimination if they can show that their actions are attributable to a justifiable factor not connected to sex or gender.