MODULE 4

DISCRIMINATION AND
DISCIPLINARY PRACTICES

CHAPTER I
DISCRIMINATION

COVERAGE
SA 8000 Requirements
Definitions
Intent of SA 8000
Implementation
National legislations prohibiting
discrimination
Key issues to review
Evidence of Compliance
Background Information

SA 8000 Requirements
The organisation shall not engage in or

support discrimination in hiring,

remuneration, access to training,
promotion, termination or retirement
based on race, national or territorial
or social origin, caste, birth, religion,
disability, gender, sexual orientation,
family responsibilities, marital status,
union
membership,
political
opinions, age or any other condition
that could give rise to discrimination.

SA 8000 5.1

SA 8000 Requirements
The organisation shall not interfere

with the exercise of personnels

rights to observe tenets or practices
or to meet needs relating to race,
national or social origin, religion,
disability, gender, sexual orientation,
family
responsibilities,
union
membership, political opinions or any
other condition that could give rise to
discrimination.

SA 8000 5.2

SA 8000 Requirements
The organisation shall not allow any

behaviour that is threatening,

abusive, exploitative or sexually
coercive,
including
gestures,
language and physical contact, in
the workplace and in all residences
and property provided by the
organisation, whether it owns,
leases or contracts the residences or
property from a service provider.

SA 8000 5.3

SA 8000 Requirements
The organisation shall not subject

personnel to pregnancy or virginity

tests under any circumstances

SA 8000 5.4

Definitions
Discrimination
refers
to
any
distinction, exclusion, or preference
which has the effect of nullifying or
impairing equality of opportunity or
treatment.
Not all distinction, exclusion, or
preference constitutes discrimination.
This definition is aimed at prejudices,
not job-related attributes

Definitions

In some cases and according to some

national laws, positive discrimination
in favour of people from certain
underrepresented groups would be
permitted and is considered nondiscriminatory
(e.g.
women,

indigenous people, and other

minority groups who historically

have not had equal opportunities).

Intent of SA8000
SA8000 seeks to ensure equal and respectful
treatment for all personnel in all matters
Some of the categories of discrimination are
included to strengthen protections for female
job applicants and workers
For
non-discrimination
standards
the
employer is expected to comply with the
provision most favourable to workers among
the requirements of SA8000, national and
other applicable laws, prevailing industry
standards, and other requirements to which
the organisation subscribes.

Intent of SA8000
No
matter
the
source
of
discrimination nor how culturally
entrenched it may be, an entity
cannot be SA8000 certified
without strictly applying the antidiscrimination provisions of the
Standard
Any unwelcome advances of a
sexual nature by an employee to a
subordinate also violate SA8000

Implementation
A written non-discrimination policy
that should be distributed to workers
Effective non-discriminatory practices
should be established
SA8000 permits no discrimination
even where it is indirect, unintended,
or accepted by tradition
Have a pro-active anti-discrimination
plan
Some types of medical testing for
public health reasons may not give rise
to discrimination

Key Issues to Review

Cultural Norms and Discrimination
Discrimination Against Pregnant Women
Sexual Harassment
Discrimination Against Migrant Workers
Age Discrimination
Discrimination against Trade Unions
Discrimination against workers with
disabilities

NATIONAL LEGISLATIONS
PROHIBITING DISCRIMINATION
Equal opportunity in employment
Equal pay for equal work
Maternity protection and promotion
of family responsibilities
Occupational health and safety

Evidence of Compliance
A non-discrimination policy which is
communicated to all personnel
All workers understand how to file a
complaint or raise concerns about any
management action that violates that
policy.
Wage records of workers indicate
equal pay for work of equal value
Testimony
of workers supports
documentary evidence of compliance

Evidence of Compliance
Job
announcements
and
advertisements
Records of applicants rejected for
positions
Managerial Staff diversity indicates
equal
opportunities
for
advancement
Absence of lawsuits or government
citations for discriminatory practices

Background Information

Discrimination Convention 111 (1958) and

Equal Remuneration Convention 100 (1951).
UN Convention on the Elimination of All
Forms of Discrimination against Women
ILO Workers with Family Responsibilities
Convention 156 (1981) and
Recommendation 165
ILO Maternity Protection Convention 183
(2000) and Recommendation 191
ILO Migration for Employment Convention
(Revised) 97 (1949)
ILO Night Work (Women) Convention
(Revised) 89 (1948)

CHAPTER II
DISCIPLINARY PRACTICES

COVERAGE
SA 8000 Requirements
Definitions
Intent of SA 8000
Interpretation
Key issues to review
Evidence of Compliance
Background Information

SA 8000 Requirements
shall treat all
personnel with dignity and
respect. The organisation shall
not engage in or tolerate the use
of corporal punishment, mental or
physical coercion or verbal abuse
of personnel. No harsh or
inhumane treatment is allowed.

The

SA 8000 6.1

organisation

Definitions
Mental or psychological abuse is
characterized by the intentional use of
power,
including
verbal
abuse,
isolation, sexual, racial or other
discriminatory
harassment,
intimidation, threat of physical force or
other prohibited abuse.
Its effects can be as damaging as
physical discipline.
The standards prohibition against
mental coercion is to be interpreted
with equal vigor.

Intent of SA8000

All job applicants and current workers

should be made aware of the
disciplinary policies and procedures
in sufficient detail to inform them
about the behaviors that are subject to
discipline
or
poor
performance
evaluations. Employers must have
written and defined disciplinary
rules, including an appeal process for
workers
not
agreeing
with
employers disciplinary charges or
negative performance reviews.

Intent of SA8000
All employer should demonstrate respect
for workers' mental, emotional and
physical wellbeing. These actions should
be applied consistently, and not arbitrarily,
to
every
employee,
without
any
discrimination
Prohibits from using employment agencies
or suppliers that engage in disciplinary
practices that are unacceptable
Disciplinary fines permitted only when
national law allows them, and there is a
collective bargaining agreement in place.

Interpretations
Encourages a progressive course of action,
beginning with verbal or written warnings
before more serious disciplinary action is
taken
Documentation,
such as records of
employees non-complying behaviors, logs
of disciplinary occurrences, lists of current
cases, and appeals and decisions, as well as
worker training information, should be
maintained
Non-permitted disciplinary actions such as
corporal punishment, mental or physical
coercion and verbal abuse

Key Issues to Review

Discipline versus Abuse
Mental (Psychological) Abuse
Fines and Wage Deductions

Evidence of Compliance

Disciplinary policy and procedures

Records of appeal procedures
Workers, unions, and local NGOs familiarity with the
companys disciplinary policies and procedures and feel
able to register appeals without any negative repercussions.
Procedures for filing complaints.
Training and/or written information is offered to all
employees regarding disciplinary policies and procedures.
Workers testimony supports the evidence that no
physical or mental abuse occurs and no security personnel
are involved in implementing disciplinary decisions.
Documents of Disciplinary actions against employees
Disciplinary actions comply with national laws and related
regulations.

Background Information
The Universal Declaration of Human
Rights (1948),
The International Covenant on Civil and
Political Rights (1966), and
The Declaration on the Protection of All
Persons from Being Subjected to Torture
and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1975).
Specific national legislation making
abuse in the workplace a criminal
offense

END
OF
MODULE 4