PREGNANCY IS NOT A DISABILITY
Pregnancy is not a Disability.
You wonder why I am stating the obvious. Still, this Nigerian Story of institutional discrimination against women will kick-start a controversy in need of sincere and urgent action to restore women’s maternity rights at work in Nigeria and elsewhere.
Here is the story of a young Nigerian policewoman who became pregnant months after being enlisted into the Nigeria Police Force, Miss Omolola Olajide was dismissed from the Force because she got pregnant while unmarried and thus, liable to be discharged from the Force under Regulation 127 of the Nigeria Police Regulations made under the Police Act, Cap 19 Laws of the Federation, 2004.
Regulation 127
Regulation 127 prohibits the Pregnancy of unmarried women police in the following words:
An unmarried woman police officer who becomes pregnant shall be discharged from the Force, and shall not be re-enlisted except with the approval of the Inspector-General.?
Do you find this regulation Discriminatory against unmarried women?
To further appreciate the background to this law, Regulation 125 provides that No special privileges shall be granted to married women police in the following thus:
A married woman police officer shall not be granted any special privileges by reason of the fact that she is married, and shall be subject to posting and transfer as if she were unmarried.
Shockingly, Regulation 127 makes pregnancy a special/exclusive privilege for married women. A maternity right of adult women is reduced to a privilege that can only be enjoyed under marriage.
Back to Omolola’s Story
Eventually, Omolola approached The National Industrial Court of Nigeria for redress urging the court to strike down regulation 127 of the Police Act (among other reliefs) for being discriminatory and inconsistent with Section 42 of the 1999 Constitution which provides for the freedom of every Nigerian from any form of discrimination ranging from ethnic groups, places of origin, sex, religions or political opinions. This is also extensively provided for under Article 2, 3 and 18(2) of the African Charter on Human and Peoples Rights, Recommendation 19 of CEDAW, Article 1(a) of the International Labour Organisation Discrimination (Employment and Occupation) Convention,1958 (No. 111) which has been domesticated by Nigeria.
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The court in Omolola’s case held that Regulation 127 is discriminatory because the regulation was targeted at unmarried women police officers, it prohibits and punishes unmarried policewomen officers who become pregnant and does not apply to male police officers who impregnate females while unmarried as serving officers of the force. The court in line with Section 1(3) of the 1999 Constitution declared the regulation to be void for being inconsistent with section 42 of the Nigerian constitution. The Court also awarded aggravated damages of N5 million for violating Ms Omolola Olajide's fundamental right to freedom from discrimination.?
This Guide agrees with the position of the court on regulation 127 as it creates a double standard for a married policewoman/Unmarried Policeman on one hand and an unmarried policewoman on the other hand.
The convention defines discrimination as 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.
This means the distinction made between married women and unmarried women concerning the exercise of the maternity rights of an adult woman is discriminatory and the exclusion of unmarried women is prejudicial and falls below the standard of a law justifiable in a democratic society.?Discrimination against women on grounds of maternity includes dismissal for pregnancy and nursing, failure to grant time for nursing, withholding of pre and post-natal benefits, denial of promotion and refusal to allow workers to return to posts occupied before maternity leave.
The rationale for Regulation 127 and similar provisions are justified by some as a means of promoting morality and sanctity in the police force but punishing an unmarried police officer for pregnancy out of wedlock while overlooking an unmarried policeman for the same conduct precludes morality as the reason for the regulation. The nearest to it is that pregnancy is perceived as disability and an unmarried female police officer must not be pregnant otherwise she is deemed unfit to perform the job. The right of Omolola's private and family rights was also infringed upon as she was subsequently required to visit Nigerian Police Medical Service, Ekiti State Command, Cottage Hospital, Ado –Ekiti to undergo a medical test to confirm the pregnancy status after a notice of her dismissal has been issued.
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Omolola’s case exhibits gender-based discrimination and this manifests in Nigerian society in different forms and under different circumstances in workplaces and beyond. A lot would be shocked that Omolola’s case occurred in a public institution that should uphold international best practices in workplaces setting a pace for the private sector and the informal economy to follow.
Research shows that gender discrimination is negatively related to job attitudes, physical health outcomes and behaviours, psychological, health, and work-related outcomes (job-based and relationship-based). Good employment practices advocate that there should be equal treatment for male and female employees for work of equal value in the workplace. Like Omolola, lots of women are subjected to disabilities and restrictions based on the practical application of any law, executive or administrative action which is inapplicable to the other gender for no legitimate reason but Discrimination.
Failure to reject gender-based discrimination at work in Nigeria and elsewhere widens the gap to be covered to attain equal employment opportunities and enhanced productivity.
Forms of Gender-based Discrimination
?Discrimination at work can be direct or indirect. Discrimination, according to the ILO Convention,1958 (No. 111) is direct when regulations, laws and policies explicitly exclude or disadvantage workers based on characteristics such as political opinion, marital status, or sex (Omolola’s case). For example, there is direct discrimination, if job advertisements exclude or overtly discourage prospective married applicants or people over a certain age limit, or a certain gender from applying for the existing vacancies.
In contrast, indirect discrimination may occur when seemingly neutral rules and practices negatively affect a disproportionate number of members of a particular group, irrespective of whether or not they meet the job requirements. This form of discrimination is observed in the less favourable manner casual workers are generally treated compared to their counterparts employed on permanent basis being that both categories of workers should enjoy the basic rights of an employee under but that’s not the case.
Look out for Discriminatory Practices at your Workplace Today?
Women are playing active roles and holding positions of importance in organisations. Therefore, for women to participate effectively in the labour force without being subjected to discrimination, provisions must be made for women to receive some forms of protection in relation to maternity, childbirth, and breastfeeding.
Discriminatory laws, rules, and administrative policies can be detected in workplaces during restructuring and retrenchment, compensation and promotion of employees, training and development, maternity protection, recruitment and selection, adoption of agency work arrangements and provisions of the physical work environment.
It is not the position of this Guide that only women are victims of discrimination at work but it is beyond doubt that women bear the larger burden of this systematic rot and the success attained in addressing gender discrimination against women will create an ideal workplace for both Men and Women to thrive.
?Apart from discrimination based on gender, other grounds for discrimination include age, disabilities and physical challenges, race and ethnicity, migrants and agency workers, religion, and Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) Some of these prejudices will be discussed on the Guide subsequently.
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REFERENCES
Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021),
Women Enlightenment and Legal Aid v Attorney-General of the Federation (unreported Suit No: FHC/ABJ/CS/178/2021),?
Del Carmen, M., Jayasinghe, M., Pieper, J. R., Delgado, D. M., & Li, M. (2018). Perceived workplace gender discrimination and employee consequences: A meta-analysis and complementary studies considering the country context. Journal ofManagement. https://doi.org/10.1177/0149206318776772.