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Discrimination

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If you believe that there is an increased risk of your suppliers practising discrimination, and you wish to include this topic in the annex to your Code of Conduct, you can add the following requirements to your Code of Conduct by clicking on "Save to clipboard".

Discrimination concerns any form of differential treatment, exclusion or preferential treatment that is based on personal characteristics, and which adversely affects a person’s employment opportunities or otherwise results in differential treatment in the workplace.

Right to non-discrimination

In respecting this right, the supplier should see the following as essential steps:

a. Not discriminating on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status such as ethnic origin, disability, age, health status, parental or marital status or sexual orientation,except when justified by reasons intrinsic to specific work requirements, and in particular:

b. Providing a work environment free from any form of harassment, particularly sexual harassment, intimidation or bullying;

c. Ensuring that promotion and termination are based on legitimate non-discriminatory business reasons, such as experience and competence;

d. Ensuring equal pay for equal work is paid without distinction based on grounds mentioned above, taking into account differences in wages by country and region;

e. Not viewing affirmative action policies as discriminatory.


 

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Below there is more information about various aspects of discrimination:

Discrimination in employment-related decisions 
Discrimination may be direct or indirect. Direct discrimination occurs every time a company’s policies, practices or procedures are clearly intended to treat a particular group of the population unfairly on the grounds of personal characteristics. To prevent direct discrimination, the company must treat all groups equally in its policies and granting of employment benefits such as promotion, training and pay. 

Indirect discrimination occurs every time the practical implementation of a company's policies, procedures and practices adversely affects a group of people - even when the policies, procedures and practices may appear to be neutral. Companies can best avoid indirect discrimination by ensuring that all employment-related decisions are consistently based on relevant and objective factors (such as merit, experience, tasks, skills, etc.). 

Suppliers should refrain from requiring irrelevant information from applicants and employees (such as religion, personal attitudes, or age and family circumstances). There are a few exceptions, where the company is entitled to obtain and make use of personal information. 

Employees' pay and benefits should be identical for the same work of the same value, and differences in pay grades between employees must be based specifically on objective criteria. Since an employee's pay level also affects his/her promotion and training prospects, suppliers should also assess whether there are any disparities in promotion opportunities. 

Other relevant information

Conventions and standards concerning discrimination 

ILO Convention no. 111 states that the supplier must ensure that interviewers do not ask questions concerning a person’s marital status, or whether or not they have children; or use such information to refuse job opportunities or promotion. 

ILO Convention no. 100 ensures equal pay for men and women for work of the same value. 

ILO Convention no. 111 on discrimination and ILO Convention no. 169 on indigenous peoples state that if you or your supplier have a policy requiring staff to wear a uniform, you must both ensure that the design of the uniform is culturally appropriate for the person who is to wear it. 

In addition to the aforementioned ILO Conventions, you may also find references to the European Convention on Human Rights, which generally prohibits discrimination. This Convention is directly incorporated into Danish legislation.

Finally, there may be references to specific UN Conventions, such as the UN Convention to Abolish all Forms of Racial Discrimination and the UN Convention to Abolish all Types of Discrimination Against Women. The Convention to Abolish all Types of Discrimination Against Women states, among other things, that women have the right to maternity leave without loss of current employment or seniority. Both UN Conventions have been ratified by Denmark. 

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