No one should experience discrimination at the workplace; it makes you feel underappreciated, stressed and helpless.
If you’re being mistreated in your Kenyan workplace, whether because of your gender, race, religion, or for any other reason, you’re not alone, and you have rights.
This article will take you through what to do if you face discrimination at your workplace and provide some practical tips to help you.
Let’s look at how to combat workplace discrimination in Kenya, protect your mental and physical well-being, and seek justice.
What Is Discrimination in the Workplace?
Discrimination at the workplace occurs when an employer or their representatives mistreat an employee because of their characteristics, such as race, gender, religion, disability, or age.
In Kenya, discrimination in the workplace can manifest in many forms:
- Not being considered for a promotion
- Being paid less for the same work
- Being harassed
- In some cases, being unfairly dismissed from the job
For instance, if you’re a woman and get passed over for a promotion by your boss because of your gender, that’s gender discrimination in the workplace.
The Employment Act of 2007 in Kenya clearly states that it’s illegal to be discriminated against at work.
Section 5(3) of the Act makes it unlawful for employers to discriminate based on
- Race
- Colour
- Sex
- Language
- Religion
- Political idea
- Birth or other status (nationality, ethnic and social origin, disability, pregnancy, marital status, HIV status).
Article 27 of the Kenya Constitution also protects equality and freedom from discrimination; Article 41 requires fair labour practices.
Those laws protect you from job discrimination and cover everything from hiring and promotions to training and firing.
Types of Discrimination at the Workplace
Identifying the kinds of discrimination at the workplace can help you diagnose what’s happening to you. Among them, in Kenya, here are some types of workplace discrimination reported to the company:
Gender Discrimination in the Workplace
Women might be mistreated, perhaps not getting roles or pay that they deserve. For example, employment-related maternity discrimination is widespread when a pregnant woman is dismissed or prevented from working.
Race Discrimination at the workplace
This covers discrimination against you because of your tribe or ethnicity, such as being left off projects based on your origins.
Religious Discrimination at the workplace
Your boss making fun of your faith or refusing to let you take off on days of obligation?
Disability Discrimination in the Workplace
People with disabilities could be denied reasonable accommodations, such as wheelchair access or flexible hours.
Age Discrimination at the workplace
Older or younger employees might be passed over for promotions or regarded as less competent.
Weight Bias in the Workplace
More rarely, some workers encounter discrimination based on body size, negatively affecting job prospects.
At work, discrimination can also take a toll on your mental health, leading to stress, anxiety, or depression. Acknowledging these forms of discrimination in the workplace is a starting point to change.
Your Rights as an Employee in Kenya
You are remarkably well protected against discrimination in your workplace if you are an employee in Kenya. You are entitled to be treated fairly, courtesy of the Employment Act 2007 and the Constitution of Kenya. This is what you get:
- Equality You are entitled to equal access to opportunities and pay, irrespective of your sex, origin or any other status (Article 27, Constitution).
- Fair Work Practices: Section 41 ensures fair pay and decent work.
- Protection from Harassment: Section 6 of the Employment Act prohibits sexual harassment, and employers with 20 or more employees must have a harassment policy.
- No Retaliation: It’s illegal for your boss to punish you for reporting workplace discrimination.
When dealing with workplace discrimination, these rights give you the power to act. Understanding Kenya’s discrimination at work laws makes you confident that you can stand up for your rights.
Steps to Take If You’re Facing Discrimination in the Workplace
If you’re experiencing discrimination at the workplace, don’t stay silent. Here’s a straightforward, step-by-step guide to handling discrimination in the workplace in Kenya:
Step 1: Recognise and Document the Discrimination
To start, make sure that you are a target of workplace discrimination. Ask yourself: Am I being treated differently because of my gender, race, religion, disability or something else about me?
For instance, a discrimination in the workplace example could be when your coworker gets a promotion even though you share the same qualifications. Still, you’re passed over because of your tribe.
Record everything as an incident. Write down:
- Comments, actions taken, or decisions made. What happened?
- When and where it occurred.
- Who participated (for instance, your boss or your co-workers)
- Any witnesses or evidence, including emails or messages.
This evidence will be vital if you file a discrimination lawsuit in the workplace. If, for example, you’re being subjected to pregnancy discrimination at the workplace, keep any emails your boss sends that mention your pregnancy in a critical light or refuse to let you take leave.
Step 2: Report the Issue Internally
The majority of businesses will have an HR department or a complaints procedure. See the employee handbook to know how to report discrimination at the workplace.
Go to HR or your manager and tell them the problem unemotionally. Just present them with your documented evidence and request an investigation.
Do so in a literal way that demonstrates, specifically, why you need help and what kind of help you need.
For instance, if you’re facing racial discrimination at the workplace, such as being kept out of meetings because of your tribe, tell HR what happened and how it affects you. Ensure that you report workplace discrimination so they will take you seriously.
Step 3: Seek Help from the Ministry of Labour
Call the Ministry of Labour in Kenya if your employer fails to address the issue. The Ministry employs Labour Officers to help mediate disputes and investigate workplace discrimination.
You can do this by going to the Labour Office in your county or by calling the Ministry with a complaint.
They will instruct you on filing a workplace discrimination claim in Kenya and may attempt to resolve it through mediation.
Step 4: File a Complaint with the Employment and Labour Relations Court
If settlement talks hit a dead end, you can file suit at the Employment and Labour Relations Court (ELRC).
This is an employment disputes court of the same rank as a High Court. The ELRC processes disputes arising from discrimination in the workplace, unfair dismissal, and other labour matters. To file a case:
- Draft a statement of claim outlining the discrimination at the workplace.
- Include proof, such as emails, witness statements, or performance records.
- Lodge your complaint at an ELRC centre in Nairobi, Mombasa, Kisumu, Nakuru, Kericho, Nyeri, or Eldoret.
The court can award remedies such as damages for money, reinstatement, or a finding that your employment rights were violated.
In Nelson Andayi Havi v Law Society of Kenya (2018), the court found that mistreating someone without a valid reason is discrimination, indicating how seriously the ELRC approaches these cases.
Step 5: Contact the Kenya National Commission on Human Rights (KNCHR)
Another avenue to address discrimination at the workplace is through the KNCHR. They can investigate allegations of human rights abuses, including workplace discrimination, and provide guidance or mediation.
You can contact them via their website or visit their offices.
The KNCHR is particularly useful if you are dealing with discrimination against women or disability discrimination in the workplace.
Step 6: Hire a Discrimination in the Workplace Lawyer
A harassment lawsuit in the workplace can be confusing; you may want to consult with a discrimination attorney. How a Discrimination at the workplace Lawyer can help:
- And look at your case and your evidence.
- Tell you about your rights against discrimination in the workplace.
- Take representation for you to court or mediation.
- Assist you in pursuing remedies such as damages or reinstatement.
You can find good advocates through institutions such as Chepchieng and Company Advocates.
They can advise how to address it within a workplace and ensure your case is strong.
How to Avoid Workplace Discrimination
Fostering discrimination-free workplaces begins with the creation of an environment that is fair. If you’re an employee, you can support your employer by:
Create clear anti-discrimination policies, with anti-retaliation guidelines. Train employees on diversity and inclusion to decrease gender discrimination in the workplace, racial discrimination at work, and other prejudices.
Promote a culture of respect where all employees feel valued. As an employee, you can also belong to a trade union, which may fight for fair treatment and support to settle disputes. The Labour Relations Act 2007 upholds your right to belong to a union and negotiate collectively.
Workplace Discrimination and Mental Health
Workplace discrimination can take a significant toll on your mental health, causing you stress, anxiety, or even depression.
For instance, continued religious-based harassment at work, such as repeated ridicule of your faith, might cause you to fear going to work. If you find yourself desperate, try this:
- Self-disclosing to a trusted friend or counsellor.
- Keeping a log of how workplace discrimination affects your mental health can bolster your case.
- Seeing a therapist or joining a support group.
- Self-care for your mental health is equally essential when battling workplace discrimination.
Conclusion
Workplace discrimination is difficult, but you can push back in Kenya. You can deal with discrimination in the office by knowing your rights under the Employment Act and the Constitution, gathering evidence, and pursuing action in HR, the Ministry of Labour or the Employment and Labour Relations Court.
Whether it is gender discrimination in the workplace, racial discrimination at the workplace, or any other kind of unfair treatment, you do not have to be a victim.
If necessary, hire a discrimination at the workplace lawyer and take measures to protect your mental health.
If you take the right one, you can end workplace discrimination and make the workplace fairer for yourself and other employees.
FAQs
What To Do When My Boss Is Unfair To Me In Kenya?
If your boss mistreats you, it’s essential to record what has happened, make an official report to HR, and ask for help from the Ministry of Labour or a discrimination at the workplace lawyer. You can also complain to the ELRC.
How to File a Workplace Discrimination Complaint in Kenya?
Begin by reporting to your HR department. If not resolved, you can visit a Labour Office and submit a complaint to the Ministry of Labour. If you must take legal action, go to the Employment and Labour Relations Court with the above proof.
Examples of Workplace Discrimination in Kenya?
Examples would be if you’re passed up for a promotion because you’re a woman (gender discrimination in the workplace), paid less because of your race (racial discrimination at the workplace) or fired because you’re pregnant (maternity discrimination at the workplace).
What Are My Rights as a Female Employee in Kenya?
All female staff are allowed equal pay, three months of paid maternity leave and maternity protection at work. Under the Employment Act, you are also protected from sexual harassment.
Is It Legal to Fire Someone Without Cause in Kenya?
No, the Employment Act stipulates that there must be a legitimate reason for termination, such as misconduct or redundancy, and that employees must be treated fairly, including being given notice. Before employees can be fired for no reason, they can consult the ELRC.
How to Handle Racism at Work in Kenya?
Please keep a record of racist incidents and report them to HR and the Ministry of Labour/KNCHR. A workplace discrimination lawyer can assist you with filing a case with the ELRC.
Where to Report Employer Mistreatment in Kenya?
Complain to the HR department, the Ministry of Labour, the KNCHR or ELRC if you are mistreated. Trade unions can also help.
Can I Sue for Unfair Treatment at Work in Kenya?
Yes, you can sue for being mistreated in the courts by filing a case at the Employment and Labour Relations Court. A workplace discrimination attorney can help you pursue remedies such as compensation or reinstatement.
