1.0 CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND TO THE STUDY

According to Abbas Hameed & Waheed (2011) a legal right as well as an internationally acknowledged human right, the prohibition of discrimination is a part of both civil and political rights as well as social, cultural, and economic rights. The rights that give people access to economic security are known as economic rights. This enables every citizen to effectively exercise their civic and political rights. Economic, social, and cultural growth is emphasized by the prohibition of unlawful discrimination at work. The rights of employees in the workplace are not widely covered and recognized by the current laws and policies of the Nigerian government, as well as by local and municipal regulations. Due to this, laws occasionally fail to protect employees, and when they do, the protections created for them fall short of what is necessary to satisfy their legal requirements (Abbas, Hameed & Waheed 2011). Despite the fact that the policies are written in their benefit, they nonetheless expose them to vulnerability because they are not sufficiently explicit. Treating people in unequal circumstances the same way always results in injustices being perpetuated rather than being eliminated.

According to Adamade (2019) the status of women is typically considered as inferior and submissive to that of men in societies all throughout the world. Despite recent attempts by society to move past it, the historical subordination, silence, and imposed inferiority of women remain not only aspects of society but its fundamental condition. These notions of the "natural order" of humanity have served as the foundation for how societies have modeled gender roles.

The ways in which gender interacts with various aspects of identity typically shape the varied forms of discrimination against women. The nondiscrimination principle requires that vulnerable groups, including employees, be given special consideration. The most marginalized members of society, including women, minorities, indigenous peoples, refugees, and people with disabilities, are frequently the targets of prejudice. In order to address underlying injustices that prevent this group from fully enjoying all of its rights, it should receive special treatment aimed at protecting it (Adamade 2019).

Nigeria affirmed its commitment to advancing the objectives of equality, development, and peace for all women everywhere in the Beijing Declaration, which was accepted at the Fourth World Conference on Women in 1995. This was done in the interest of humanity. There is a connection between unfair discrimination and equality. Discrimination exists when there is a lack of equality. The emphasis on dignity serves as the foundation for the idea of equality. Although the idea of equality is straightforward, there are various views on what it is and how it should be implemented in society (Adamade 2019). There are two methods for promoting equality at work: formal and substantive. Formal approach is 'neutral' law, practise, or criterion, which applies equally to employees at work; this results in unfairness since, when people are placed in unfair circumstances, treating them equally always results in the perpetuation of injustices rather than their eradication. While taking into account the uniqueness and diversity of contemporary society, meaningful approaches It entails accepting unequal treatment of certain categories of individuals in order to attain equality, which goes beyond similarity of treatment and encompasses equality in outcome. Based on this, some exceptions have been recognized as being acceptable; for example, preferential treatment for pregnant women or people with disabilities is not viewed as discrimination because its goal is to correct underlying inequalities. In a similar vein, affirmative action (also known as reverse discrimination), which is defined as actions necessary "to diminish or eliminate conditions which cause or help to perpetuate discrimination," is not considered to be discriminatory. For instance, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) both prohibit all forms of discrimination towards women (Ademola, Ogundipe & Babatunde 2014).

Additionally, in the Convention for the Rights of Persons with Disabilities (CRPD), the Convention Against Discrimination in Education, and the International Labour Organisation Convention Concerning Discrimination in Respect of Employment and Occupation. According to all of these definitions, "discrimination" is any difference, exclusion, or preference between individuals or groups of individuals made on the basis of race, disability, colour, gender, faith, political opinion, ethnic background, or social origin that has the effect of voiding or impairing the equal enjoyment of any rights in relation to rights at work(Ademola, Ogundipe & Babatunde 2014). This can occur in law, administrative practises, or in practical relationships. Age, sexual orientation, and gender identity are additional reasons for illegal discrimination.

The constitution of Nigeria makes provisions for discrimination but does not define it. The right to be free from discrimination based on political viewpoint, sex, religion, or ethnicity is guaranteed by Section 42 of the constitution. This right is to guarantee that people/workers have equal treatment and opportunities regardless of their gender, colour, religion, nationality, etc.The term "sex-based discrimination" can apply to "biological characteristics" alone or to "socially constructed roles and responsibilities assigned to a particular sex (gender)( Agwu 2013).

The impact of discrimination on labour relations at work is extensive. It starts with the selection process that employer uses, such as the conditions under which he makes job offers, access to promotions, transfers, training, or other rewards, or termination. Discrimination falls into two categories: direct discrimination and indirect discrimination. Employees who are treated unfairly on the basis of their gender, race, religion, or circumstances surrounding their birth are subject to direct discrimination (Agwu 2013). It occurs when an employer treats one employee less favorably than another on the basis of sex, race, religion, etc. While seeming "neutral" laws, practices, or criteria that apply to all employees at work constitute indirect discrimination, the end consequence favors one group over a more disadvantaged group. Whether there was an intent to discriminate on any of the illegal grounds is irrelevant in evaluating whether there was indirect discrimination (Akua & Cecilia 2015). A legislation or action's result or impact is what determines whether it is discriminatory or not. For instance, when a company posts a job opening and advises applicants not to become pregnant while they are still under contract, this is indirectly discriminatory towards women.

When it comes to employing qualified individuals for a job, workplace discrimination is a big issue everywhere, and Nigeria is no different. The narrative of Nigerian nationalism is contrasted with ethno regionalism, gender, religion, the federal structure, and attitudes towards discrimination (Mohammed, 2015). Discrimination in the workplace has been a result of this experience in both public and private companies. Additionally, social, economic, and geopolitical divisions have resulted in unfair hiring practices, which in turn have led to tensions, disputes, and workplace discrimination. 

Despite the frequently expressed government objective of creating an open and egalitarian society, institutional regulations, institutional intolerance, and other factors have hampered the advancements made in the post-colonial era.  This resulted from the decision to hire people with federal backgrounds and from a publication that highlights the breadth and severity of inter-regional employment imbalance (Remington, 2015). Despite the fact that the aforementioned reflected an inter-regional mindset, institutional rules and practises have been shown to have covertly and socially rejected qualified and eligible applicants from employment.

Private firms' policies and practices have made it difficult for them to retain talented employees and realize their full organizational potential (Olurode, 2003). In most organizations, there is typically no commitment to granting employment opportunities to qualified applicants or turning qualified third-party service providers into regular employees as a means of motivating talented employees without taking into account connections, settlement demands, age restrictions, disabilities, genetic makeup, pregnancy, and marital status, all of which have links to discrimination..  Evidence of this assertion is credited to Akinpelu and Oyetunji (2016) which shown that hiring practices in Nigeria's public and private sectors are not based on merit but rather on considerations of gender, religion, and tribal prejudices. It is to this the study centres on Discrimination in the Workplace: A Critical Examination Of Nigeria.

1.2 STATEMENT OF THE PROBLEM

All employees are entitled to the same measure of rights and opportunities that are made available  by the employer. Every employee should be allowed to do their job without sex, age, handicap, status, or religious prejudice. Nigeria has limited  anti-discrimination statues to enforce the 1999 constitution. Based on the above gap there is need to investigate discrimination at the workplace: A critical examination of Nigeria

1.4 AIMS AND RESEARCH OBJECTIVES

The general objective of the study is to examine discrimination in the workplace: a critical examination of Nigeria. The specific objectives are:

1 To examine the contribution of discrimination on organizational performance

2 To critically explore factors that lead to discrimination at the workplace

3 To suggest solutions to eradicate discrimination at the workplace

1.5 RESEARCH QUESTIONS

1 what is the contribution of discrimination on organizational performance?

2 what are the explore factors that lead to discrimination at the workplace?

3 what are the solutions to eradicate discrimination at the workplace?

1.6 SCOPE OF THE STUDY

The study is delimited to discrimination in the workplace: a critical examination of Nigeria. The study will be delimited to theof primary and secondary data which include online journals, questionnaires for the study.

1.7 SIGNIFCANCE OF THE STUDY

The study will be of imminent benefits to the following:

Managerial Practices: This study empirically reviewed workplace discrimination to address the problem of Workplace discrimination in Nigeria. This would be of benefit to organizations in the areas of management practices, specifically in the management of human behaviour and talent motivation towards retention. It would help public and private institutions to come up with policies that would preserve equality in practice

Government and Society: Without a doubt, this study would also be extremely helpful to the nation's policy makers at the local, state, and federal government levels who would use some of the findings to ensure the establishment and implementation of regulations in support of workplace discrimination orientation and the retention of talented workers.  By developing strategies to address discrimination and launching initiatives that might stop workplace prejudice in various institutions, government and society would gain new knowledge from the findings of this study. It is thought that discrimination occurs within society and not in a vacuum.  Every institution being free of discrimination is an achievement for society.

Scholars: Also greatly benefited by the study are academics, political analysts, and investors. By offering empirical evidences on influences, effects, and relationships among the variables that acted as decision models for invention and creativity, it would contribute to the corpus of knowledge.

1.7 Research Methods

The Data carried out for the research is qualitative. Qualitative study will be adopted to examine discrimination at workplace. The research onion philosophy, methodology, design strategy, data collection, analysis and time horizon  helps explain research strategy . The researcher  will use recent academic publication were need be .The researcher would choose relevant  academic publications gotten from school journal hub, news papers,reports relating to the subject matter an government policies to address the study’s objectives through systematic approach

1.8 OPERATIONAL DEFINITION OF TERMS

DISCRIMINATION: Making unjust or unfavorable distinctions between individuals based on the groups, classes, or other categories to which they belong or are thought to belong, such as colour, gender, age, or sexual orientation, constitutes the crime of discrimination.

WORKPLACE DISCRIMINATION: Workplace discrimination is an instance of unlawful discrimination based on traits that are legally protected.

1.9 ORGANIZATION OF DISSERTATION

The present study is divided into five chapters. First chapter gives the introduction, statement of problem purpose and objective of the study, research questions, significance of the study, scope of the study, organization of the study. Second chapter deals with relevant studies found in the literature and that are related to the  i.e. review of literature. Third chapter deals with historical analysis of workplace discrimination. Fourth chapter deals with the analysis of data and presentation of the study which evaluates the data collected keeping in mind the set objectives. Fifth chapter deals with conclusions and suggestions which are derived from this study.