End discrimination against job seekers, JAG tells govt

KUALA LUMPUR: The government has been called to protect job seekers from discrimination under the proposed amendments to the Employment Act 1955, which is expected to be tabled in the Dewan Rakyat next month.

The Joint-Action Group for Gender Equality (JAG) also called upon the Sabah and Sarawak to nip discrimination against job seekers in the two state’s providing protection under their respective state’s labour ordinance.

“This move will benefit thousands of job seekers as well as over half a million people who are currently unemployed in Malaysia,” it said today.

JAG noted that the Human Resources Ministry is still discussing the proposed anti-discrimination provision for job seekers with its stakeholders.

“In view of this, JAG urges the Human Resources Minister, M. Kulasegaran to ensure anti-discrimination provision is kept in the amendments to the Employment Act.

“This is crucial given that discrimination often happens during the recruitment process, affecting the employment opportunities of many individuals,” JAG said.

The grouping of women non-governmental organisations also urged Women, Family and Community Development Minister Datuk Seri Dr Wan Azizah Wan Ismail as well as Youth and Sports Minister Syed Saddiq Syed Abdul Rahman to pay special attention to the anti-discrimination provision.

It said the lack of protection for job seekers from discrimination would adversely affect the two ministries’ target groups.

“Women are among the groups affected by discrimination,” JAG said.

It said according to a survey by Women’s Aid Organisation (WAO), more than 40 per cent of women surveyed experienced discrimination on the basis of pregnancy.

“Additionally, women’s labour participation rate in Malaysia is rather low at 51 per cent compared to Singapore (61 per cent) and Vietnam (73 per cent). While this statistic could be attributed to many factors, the discriminatory barrier to job opportunities is, without doubt, a contributing factor”.

JAG said the lack of protection for job seekers further marginalises populations that are already marginalised, decreasing the quality of life and pushing these groups into poverty.

Persons with different abilities also often face discrimination during the recruitment process, it said.

“The study on discrimination against transgender persons based in Kuala Lumpur and Selangor (right to education, employment, healthcare, housing and dignity) by the Human Rights Commission of Malaysia (SUHAKAM) (2019) shows 58 per cent of the respondents (49 trans women, 8 trans men) out of 100 respondents (69 trans women, 29 trans men, 2 intersex persons) were denied employment, or had their applications rejected. The respondents also shared that they were asked intrusive questions, told to change their gender expression, particularly to cut their hair.”

JAG said Malaysia has an international obligation to protect job seekers from discrimination, having ratified both the UN Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) and the UN Convention on the Rights of Persons with Disabilities (CRPD).

“Discriminatory practices in the hiring process allow for gross misallocation of human resources, whereby it is not the talent, experience or qualification of the job seeker that is being evaluated, but other factors that have little or no bearing on the job seeker’s capabilities”.

JAG said some have argued that the anti-discrimination provision cannot be extended to job seekers because the Employment Act only covers employees and employers, and not job seekers.

Nevertheless this argument had been refuted by many lawyers, including former Malaysian Bar president Ragunath Kesavan who highlighted that such protection for job seekers is necessary and that there is no bar to prohibiting discrimination during recruitment, it said.

“The Human Resources Ministry must lead Malaysia into a new era of expansion, growth and productivity.

“JAG affirms that one of the ways to achieve this is to establish the protection for job seekers by amending the Employment Act which should be a comprehensive statute which provides for all aspects of employment, including hiring, discrimination, staff welfare and other forms of basic protection for workers,” it said.

On Monday, the Human Rights Commission of Malaysia (Suhakam) also called upon the government to include protection for job seekers against discrimination in amending the Employment Act.

It said there were suggestion that the phrase “job seekers” and a section of the draft amendment to protect people looking for jobs was proposed to be removed.

“We are dismayed by this planned removal, as such an action will effectively allow for discrimination to continue.

“We believe that existing laws can and should be amended to provide safeguards to job seekers to reflect the Federal Constitution’s prohibition of discrimination as provided by Article 8 (2)”.

Suhakam said the government should protect both job seekers as well as employees from workplace discrimination.

Amendments to the 64-year-old Employment Act, legislated in 1955, will be tabled in Parliament in the October sitting. Five other labour legislation including the Trade Union Act 1959 and the Industrial Relations Act 1967 would also be amended said Kulasegaran.