Discrimination

What is discrimination under the Tanzanian Labour Laws?
Discrimination has not been defined under the Tanzanian Labour Laws but Article 1 (a) and (b) of Convention No 111 on Discrimination (Employment and Occupation) Convention, 1958 defines discrimination to include:

• Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. 
• Such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies.
• Additionally, section 7 (5) of the Employment and Labour Relations Act, 2004 provides that harassment of an employee shall be a form of discrimination and shall be prohibited on the same grounds as discrimination against colour, nationality, tribe or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/AIDS, age or station of Life.

What does the law say about discrimination?
Section 7 (4) of the Employment and Labour Relations Act, 2004 prohibits discrimination against an employee in any employment policy or practice, on one or more grounds including:

• Colour. 
• Nationality.
• Tribe or place of origin.
• Race.
• National extraction. 
• Social origin. 
• Political opinion or religion.
• Sex.
• Gender. 
• Pregnancy. 
• Marital status or family responsibility. 
• Disability.
• HIV/AIDS.
• Age. 
• Station of life. 

Posted in: Labour Laws