Fair Treatment

Equal Pay

What is the relevant legislation on equal pay?

(Constitution, Labour Code, Anti-Discrimination Law, Equal Pay Law)

The Constitution of Liberia and the Decent Work Act are the relevant legislations regarding equal pay.

Provisions on equal pay for work of equal value?

Equal remuneration refers to rates of remuneration established without discrimination based on sex.

Does the law (constitution, labour code, equal treatment law) require equal pay for equal work without any discrimination (esp. gender)?

The Constitution states that all Liberian citizens have the right to just remuneration regardless of their sex, creed, religion, ethnic background, place of origin, political affiliation, etc. According to the Decent Work Act, all women and men are entitled, without distinction, exclusion or preference, to receive equal remuneration for work of equal or comparable value (different jobs that require similar skill/effort/responsibility could be of comparable value.

Under the Decent Work Act, equal remuneration refers to rates of remuneration established without discrimination based on sex.

Sources: §18 of the Constitution of Liberia, 1986; §2.5 of the Decent Work Act, 2015

Non-Discrimination

What is the relevant legislation on non-discrimination?

(Constitution, Labour Code, Anti-Discrimination Law, Others)

The Constitution, as well as the Decent Work Act, prohibits any kind of discrimination.

What are the prohibited grounds for discrimination in the Constitution?

According to the Constitution, the Republic of Liberia directs its policies to ensure safe working environments for its citizens without any discrimination. No person shall discriminate against anyone seeking or engaged in work in Liberia. Discrimination in employment practices, including remuneration or benefits, is prohibited if it nullifies or impairs equality of opportunity or treatment.

Definition of discrimination

Under the Decent Work Act, to ”discriminate” means to apply any distinction, exclusion or preference which has the effect, whether directly or indirectly, of nullifying or impairing equality of opportunity or treatment, including the provision of remuneration or other benefits.

What are the prohibited grounds for discrimination in the Labour Code/Equality Law?

The Decent Work Act prohibits discrimination on the following grounds: race, tribe, indigenous group, language, colour, descent, national, social or ethnic extraction or origin, economic status, community or occupation, immigrant or temporary resident status, sex, gender identity or sexual orientation, marital status or family responsibilities, previous, current or future pregnancy or breastfeeding age, or mental disability, health status, irrelevant criminal record, and personal association with someone possessing these attributes.; or because a person has exercised or sought to exercise, or is entitled to the enjoyment of any right conferred by Decent Work Act.

However, distinctions based on inherent job requirements or affirmative action measures are not considered unlawful. Pregnant employees may be temporarily reassigned to suitable duties without a reduction in pay or benefits. In discrimination cases, the complainant must prove the existence of exclusion or preference, while the respondent must demonstrate that it was not based on prohibited grounds.

Does the law require that people be treated equally in employment opportunities (appointment, promotion, training and transfer) without discrimination on the basis of criteria such as colour, social origin, nationality etc?

The law requires people to be treated equally, with no discrimination based on colour, nationality, social origin, or any of the other grounds specified above.

Sources: §8, 11 and 18 of the Constitution of the Republic of Liberia 1986; §2.7, 2.13 of the Decent Work Act, 2015

Equal Choice of Profession

What is the relevant legislation on the equal treatment of women workers in the workplace?

(Constitution, Labour Code, Anti-Discrimination Law, Others)

The Constitution and the Decent Work Act are relevant legislation on the equal treatment of women workers in the workplace.

Does the Constitution and/or Labour Code provide for the right to choose work?

The Liberian Constitution ascertains equal opportunity for work in Liberia regardless of anyone’s sex, creed, religion, ethnic background, place of origin and political affiliation.

Can women work in the same industries as men without being prohibited/restricted from working in jobs considered hazardous, arduous, or morally inappropriate)?

All individuals are entitled to equal rights and protections under the law, without distinction based on sex, gender identity, sexual orientation, marital status, family responsibilities, or pregnancy status. The Act prohibits employment discrimination on the basis of sex and ensures equal remuneration for work of equal value to promote gender equality in the workplace.

Nevertheless, if a woman is pregnant, she is not allowed to do hazardous work that can be detrimental to herself or her baby. Such woman is given alternate job options by the employer within the same workplace.

Can (non-pregnant and non-nursing) women do the same jobs as men?

Women can do the same jobs as men, as no restrictive provisions could be found.

Sources: §18 of the Constitution of the Republic of Liberia 1986; §2.1, 2.54, 2.5 of the Decent Work Act, 2015