unfair labor practice

The Labor Code of Nicaragua guarantees equal treatment and opportunities for workers, prohibiting all forms of discrimination. Fundamental Principle XIII establishes that every worker has the right to equal pay for equal work, without distinction, in recognition of the dignity of the human person. Article 17 reinforces this principle by prohibiting employers from engaging in discriminatory practices that limit or exclude access to employment, including demanding payment or compensation in exchange for a job.

The Employment Act 1955 is Malaysia’s principal labor statute and provides the framework for regulating employment conditions as well as addressing workplace discrimination and harassment. Section 69F authorizes the Director General of Labor to inquire into and decide disputes between employees and employers relating to discriminatory practices. This provision ensures that employees have a statutory avenue to challenge unfair treatment in the workplace. Sections 81A through 81H establish procedures for preventing and addressing sexual harassment at work.

The applicant, Salome Jumbo, claimed she was dismissed as a result of her pregnancy. In 1999, the applicant started as a temporary nurse aid at a clinic and continued in that position until 2001. In 2001, the manager of the clinic assured the applicant that her job had become permanent. On April 4, 2001, the manager discovered that the applicant was pregnant. He immediately warned the applicant that he would not allow her to keep her job if she remained pregnant, as they wanted a permanent nurse aid.

The Samoa Labour and Employment Relations Act 2013 prohibits sex discrimination in the workplace and in the course of employment. It requires that a woman employed in the same job as a man must receive equal treatment. Part Four of the Act provides that employers must pay male and female employees equal wages for work of equal value.

Under South Dakota Codified Laws § 20-13-10 it is an unfair or discriminatory practice for an employer or any person involved in employment decisions to refuse to hire, discharge, or treat an employee or applicant unequally because of race, color, creed, religion, sex, ancestry, disability, or national origin. The statute applies to hiring, promotion, training, compensation, and all conditions of employment.