"What should a company do when its internal policies prohibit gender discrimination and promote gender equality, yet local cultural, legal or business norms permit and promote discrimination against women within some of the countries where it operates?"

Women represent an important group of potential employees for multinational corporations (MNCs) that choose to expand their operations in emerging markets. Yet, businesses are often faced with a dilemma when operating in countries where women and girls face legal, societal, cultural and religious discrimination. How can responsible multinational companies address gender discrimination in countries where the rights of women and girls are not adequately protected and respected? A point of departure might be ensuringrespect for international standards in relation to discrimination and embedding them intocorporate policy. However, following international human rights law pertaining to gender equalityin countries where there is entrencheddiscrimination could have serious implications.

One example would be a company operating in a country that prohibits women from working in certain sectors. If the company hires woman in these sectors, it could be prosecuted for breaching national law. If it does not, it would breach human rights principles, which protect women from all forms of discrimination. When faced with this dilemma, a company could simply choose to not operate in such countries. However, often this is not commercially viable and will not assist women living in the country who could be employed in alternative positions, thereby allowing them the right to earn a living.

Whilst this is an extreme example of the dilemma, in certain countries a company will have to address gender discrimination that is far more hidden. In many emerging markets and developing countries, gender-based discrimination is embedded in culture and is not necessarily opposed by the majority of women. As well as experiencing gender-based discrimination in their everyday lives, women face many forms of such discrimination in the workplace. This can include, but is not limited to: sexual harassment; gender pay gaps; pregnancy discrimination; inflexible working hours for working mothers; and entrenched gender stereotypes that prevent career progression.

A company that wishes to address these challenges responsibly should consider resolving these issues by breaking down the gender barriers that have given rise to discrimination in the first place. For example, businesses may choose to promote women's access to senior management roles in countries where cultural and societal attitudes inhibit women from achieving such positions and where institutional discrimination is prevalent. Placing women in such roles can help dismantle the stereotype that women are incapable of holding a management position.

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Equality and gender in the workplace

InThe Labour Principles: A Guide for Business,the ILO explains that workplace discrimination can occur with respect to: access to employment, promotion, training and vocational guidance, recruitment, hours of work and rest and paid holidays. Discrimination prevents women from attaining the right to equality and denies realisation of other fundamental rights, including the right to security of the person and the protection of the family.

Strategic and operational requirements oblige companies to work in countries where discrimination against women can be entrenched in law, culture and practice.

Companies are likely to experience this dilemma when they operate and source from countries where:

• Laws discriminate on the basis of gender, restricting a woman's right to work in certain sectors. For example, in Thailand, women are prohibited by law from working in sectors deemed to be dangerous, including mining and construction
• It is culturally unacceptable for women to work in traditionally male-dominated sectors, such as mining and construction. This severely inhibits women who wish to work in these sectors
• Cultural and societal gender discrimination legitimises the gender pay gap as women's work is undervalued. Consequently, women fail to receive equal pay for equal work
• There is an absence of laws protecting women, which includes a lack of protection in the workplace. In many Middle Eastern countries, for example, women are not legally protected from violence and harassment. Even if a company has policies to protect women from harassment in the workplace, cultural attitudes may prevent female employees from reporting any incidents
• There is a social and/or cultural acceptance of gender discriminationin the workplace and society despite anti-discrimination laws being enacted and enforced. In Turkey, for example, by law women should not be discriminated when applying for jobs, or when employed in the workplace. In practice, however, women's participation in labour force is only at around 25%, which is thought to be the result of prevailing cultural attitudes which inhibit women from accessing the labour market
• Girls and women do not have equal access to education as men or boys resulting in restricted working opportunities for women. In many countries in Africa or Asia, for example, girls' access to education is restricted as child marriage, sexual harassment and demand for girls' labour in the home reduce levels of attendance in school
• There is a lack of working women at senior levels in both the public and/or private spheres. This can reinforcestereotypes that women are either not competent, or do not have enough experience to undertake senior roles

Forms of discrimination

There are two types of discrimination that arise within the workplace, direct and indirect:

• Direct discrimination (disparate treatment):Occurs when female employees are treated less favourably than their male counterparts, solely on the grounds of gender. This can include, for example, female employees receiving a lower wage than their male peers, despite having the same experience. It can also include being asked discriminatory questions at a job interview, and an employer not hiring, promoting or wrongfully terminating an employee on the basis of gender. An example of wrongful termination could be dismissing a female worker after the employer finds out she is pregnant.
• Indirect discrimination (disparate impact):Occurs when a company's policies and practices make it difficult for women to fulfil job requirements, or make it verycumbersome for women to continue working. Examples of disparate impact can include inflexible working conditions making it difficult for a mother to work full-time or part-time, or having to satisfy strength requirements for a job which areespecially onerousfor a woman to achieve. The absence of maternity leave provisions may also be considered to be disparate treatment.

Areas of discrimination against women in employment

Pay inequality: ILO Convention 100 (Equal Remuneration) states that men and women should receive equal remuneration for work of equal value. As of June 2017, 173 out of 187 ILO members have ratified the Convention, but in many countries and across many industries women fail to receive equal pay for equal work. A 2012 report from the International Trade Union Confederation (ITUC) reveals that women earn 18% less than men worldwide. The report finds that Asia is the continent with the greatest wage differential between men and women, while the "highest unexplained gender pay gaps" are found in Argentina, Chile and South Africa – all of which have ratified ILO C100. This "unexplained gap" is attributed to discriminatory practices.

Companies should be mindful that the gender pay gap can exist even where there is legislation to demand equal pay for equal work. In Kuwait, for example, the law states a woman should receive "remuneration equal to that of a man provided she does the same work." However, according to the World Economic Forum, women in Kuwait typically earned 70% of what men earned for similar work.

ITUC's report also confirms the existence of a ‘child penalty'. In many countries, maternity leave and childcare has a greater impact on women's wages, than on men's, contributing to pay inequality. This highlights the need for policies which promote equitable childcare arrangements between men and women to help reduce the gender pay gap.

Underrepresentation in senior positions: A 2016 report from accountancy firm Grant Thornton on the number of women in senior management shows that women continue to be underrepresented in top-level management roles. Globally, women hold 24% of management roles, while 33% of businesses have no women in senior management positions. Only some improvement has been made since 2004, when 19% of women could be found in senior management roles. The study also reveals that the G7 is among the worst performing regions, with just 22% of senior roles occupied by women. Only 15% of senior roles are held by women in Germany, while the figure stands at 7% in Japan. Eastern European and ASEAN countries report the highest proportions of women in leadership. 45% of senior roles are held by women in Russia, while 39% are held in the Philippines.

Workplace harassment: Many women experience sexual abuse and harassment in the workplace by colleagues and employers. In 2011, the UN estimated that between 40% and 50% of women in the European Union experience some form of sexual harassment in the workplace. In Asia-Pacific countries, 30 to 40% of female workers report harassment, whether verbal, physical or sexual. In addition, 60% of female garment workers in Bangladesh interviewed for a War on Want report alleged that they had been subjected to obscene and sexually suggestive language in the workplace, while others reported instances of sexual abuse.

Even when countries do have legislation prohibiting sexual harassment in the workplace, such provisions can be inadequate. In Morocco, for example, sexual harassment is illegal, but only when committed by a superior and when defined as an abuse of authority. This narrow interpretation of ‘sexual harassment' limits the number of individuals who could be prosecuted under such legislation. It is thought that widespread sexual harassment contributes to the low rate of women's labour force participation.

Many women are reluctant to report harassment in the workplace, so the problem remains underreported. In many cases, this is either because law enforcement is perceived as ineffective or because women fear reprisal, such as loss of employment.

Maternity benefits and flexible working conditions: Women are discriminated against for their reproductive status, especially in emerging markets. This discrimination might result in a woman receiving less pay and having less opportunity to move to senior positions as a result of taking maternity leave.

In 2017, the US Department of State reported discriminatory dismissal on the grounds of pregnancy in several countries, including Nigeria, Malaysia and Bosnia-Herzegovina. In some emerging markets, violations of reproductive rights can include mandatory pregnancy testing. There are reports of this occurring in El Salvador, Honduras and Mexico, for example.

In many cases, women require flexible working hours to ensure they can successfully balance family and work commitments. In light of this, a significant number of businesses in Nordic countries offer flexible working hours to their employees, allowing women to successfully carry out their role as caregivers. The number of businesses offering flexible working hours varies amongst the BRICs. China has the least number of businesses with flexible working hours (24%) followed by Russia (43%) and Brazil (45%). In India, flexible working hours were available in 66% of businesses, providing women with greater opportunity to carry out both their family and work responsibilities. In other growth market countries, inflexible working hours are common. In Japan, for example, only 16% of businesses offered flexible working hours, while in Singapore, less than one-third of businesses (30%) offered flexible working hours to their employees.

Discrimination against women who are also members of a minority group: Finally, discrimination can be compounded for women with disabilities, female migrant workers and female members of minority groups. Women belonging to minority groups and female migrant workers can often be victims of dual discrimination in society and are more likely to encounter discrimination in the workplace, for example in recruitment processes and discriminatory workplace practices. Irregular migrant workers can typically be found in industries that require cheap and low-skilled labour, including agriculture and manufacturing.

Women working in these sectors will often lack access to legal protection, so will be vulnerable to exploitative practices, such as long working hours, inadequate compensation and forced labour. Other vulnerable groups include female domestic workers and those working in export processing zones, the majority of whom are women.

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Real-world examples

Google accused of discriminating against female employees

As well as being an issue in emerging markets, challenges around gender discrimination still remain in many well-developed markets. In 2017, the US Department of Labor began investigating ‘systemic compensation disparities' at Google having filed a lawsuit requiring that the firm share compensation data as part of a compliance evaluation. Although the company claims to have closed its gender pay gap, the data revealed disparities in pay between men and women, with evidence suggesting that women face serious discrimination within the company. An investigation into the allegations is ongoing.

Walmart accused of discriminating against pregnant workers

In June 2017, a worker's advocacy group released a report claiming Walmart routinely penalises workers who take sick leave or other lawful absences. The group, which has filed a lawsuit with Equal Employment Opportunity Commission, accuses the company of violating the Americans with Disabilities Act and the Family and Medical Leave Act, claiming workers are punished for taking care of themselves or family members with medical conditions. In one case, a female employee states that she nearly lost her job due to having a miscarriage. She claims that the company refused to accept her doctors' notes and hospitalisation records following her miscarriage, and was forced to return to work while she was still experiencing heavy bleeding. In November 2016, another employee filed a complaint with the employment commission which alleges she was fired from her position for missing too many shifts due to a complication with her pregnancy.

Traditional gender stereotypes keep women at the bottom of the value chain in coffee production in Uganda

A 2012 Oxfam report highlights how embedded gender stereotypes can negatively impact the work women undertake in coffee production. The report found that gender bias is embedded in society, culture and institutions, and women's ability to own land is limited. As a result, women working within the coffee industry are often confined to farming and production. They are not capable of accessing high level roles, in marketing, for example, as these roles often reserved for men. The report also found that women's ability to participate in decision-making is limited and there are very few women involved in associations, as business managers or directors.

The report highlights the risk that businesses face when gender discrimination is entrenched in culture and society. Companies need to ensure they are not complicit in discriminatory practices, and can introduce strategies to ensure to ensure both men and women are able to participate and benefit from their contribution. Businesses can play an important role in challenging attitudes and beliefs by raising awareness around inequality and by integrating women into all levels of the value chain.

Women working in the Honduran melon industry face a number of labour rights violations

The melon industry in Honduras is currently facing significant competition from Mexico. In order to remain profitable, Honduran companies have cut production costs. The majority of melon farmers in Honduras are women, so cost-cutting strategies have been at the expense of female workers. A 2012 International Labour Rights Forum report found that women are forced to work 12-14 hour work days, seven days a week. The report claims that their salaries are below minimum wage with no overtime pay. Women are also reported to be exposed to dangerous chemicals and inhumane working conditions – and have no access to social security. Furthermore, melon farming is seasonal work, so workers lack long-term security. Women are more likely than men to participate in casual work, where short-term contracts limit their ability to advance from their entry-level positions.

Pregnant women and mothers face discriminatory practices in garment factories in Cambodia

A 2012 ILO report highlighted the difficulties pregnant women and mothers face in the garment industry. Women comprise over 90% of the garment sector labour force, which is estimated to total 450,000.

For example, maternity leave in Cambodia lasts for 90 days, during which women should receive half of their pay and benefits. However, many women only receive half of the minimum salary, without any benefits because employers do not include payment for seniority, attendance or other bonuses. Furthermore, the report notes that it is helpful for women to have their maternity benefits at the beginning of their leave. Many factories pay the maternity benefit during the leave, on a monthly basis, while some employers only pay it when the worker returns from maternity leave.

Cambodian Labour Law stipulates that companies employing more than 100 women are required to establish a nursing room and a day-care centre. If the organisation is unable to establish a day-care centre on its premises, it must pay the cost of private day care for children over the age of 18 months. Yet the ILO report found that these provisions are not well implemented. As a result, mothers face difficulties in balancing work and family responsibilities.

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Legal risks

Most countries have laws that protect women from discrimination. Often protection is embedded in the constitution and is in line with the UNConvention on the Elimination of All forms of Discrimination against Women(1979). Only seven UN member states have not ratified the Convention: Iran, Palau, Somalia, Sudan, Tonga and the United States. Article 11 of the Convention stipulates that "State Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment".

On top of complying with national laws, MNCs generally have explicit policies prohibiting discrimination on the basis of gender as well as practices to prevent discrimination. If these policies and practices fail and a company is found to be discriminating against women it may lead to serious financial and reputational consequences. Litigation could result in a company paying large legal costs, fines or compensation. The negative publicity resulting from a lawsuit could lead to financial and reputational consequences including brand contamination. Some cases include:

Vishaka v. State of Rajasthan: Bhanwari Devi, a social worker, was gang-raped by local men while working in a village in Rajasthan, India. In 1997, she took the case to the Supreme Court, where it was decided that the government had an obligation to provide legal protection against sexual harassment in the workplace, even though at that time, there was no legislation prohibiting sexual harassment in the workplace.

As a result of the case, the Vishka Guidelines against sexual harassment in the workplace were established. These guidelines made it clear that "it shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required". The guidelines suggested a number of preventative steps for businesses to follow, and required employees to have complaint mechanisms and disciplinary processes in place.

A bill on sexual harassment in the workplace has only just been passed in India. Over 15 years after the Vishka case, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) bill was passed by the upper house of the Indian Parliament in February 2013 and came into force in April 2013. The bill represents a commitment on behalf of India's legislature to combat sexual harassment against women. The new legislation covers a wide range of women workers, including the majority of women who are employed in the informal sector. It also requires employers to establish Internal Complaints Committees, and punishes violators with fines of up to INR50,000 (USD931).

Grobler v Naspers BPK and ‘n Ander: The High Court in South Africa ordered Naspers, a multinational media company, to pay USD75,375 to the plaintiff (Ms Grobler) after finding the company liable for acts of sexual harassment committed by a fellow employee. The court held that when harassment results in a tangible employment action, such as dismissal, failure to promote, change in working conditions or a material change in benefits for the person harassed, the employer was liable unless they could prove that reasonable care has been taken to prevent or stop sexual harassment. In this case, Ms Grobler had been subjected to persistent sexual harassment by her manager, causing her to have an emotional breakdown, and resulting in her inability to function in the workplace and at home.

The court also held that the rule of vicarious liability should be adapted to protect the fundamental rights to personal dignity, freedom and security of the person and to bodily integrity of women in the workplace.

The case produced three important outcomes which have a direct impact on businesses in South Africa:

• Employers have a duty to take reasonable action to prevent or eliminate sexual harassment the workplace
• Employers are vicariously liable for sexual harassment by employees unless they have taken reasonable action to prevent or address such
• Victims of harassment may sue both employer and harasser for related damages

In January 2017, J.P. Morgan became the subject of a US government lawsuit which claims that the company engages in pay discrimination against women. The lawsuit claims that the company ‘systematically discriminated against female employees' in certain positions by paying them less than their male counterparts. The case also alleges that J.P. Morgan failed to evaluate their compensation systems following the initial compliance review which highlighted the disparities. The US Department of Labor claims that the company is in breach of Executive Order 11246 which prohibits for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, sex, colour, religion and sexual identity, among others.

The introduction of new legislation is also acting as a catalyst for measurement and reporting. In April 2017, the British government introduced the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, requiring businesses to collect, analyse and report on sex-disaggregated data. The law applies to companies with over 250 employees in England, Scotland and Wales, and requires businesses to produce a public report covering issues such as bonus pay structure, and the proportion of men and women in each band of pay. The data must be signed off by the CEO and accessible on the company website.

Other risks to business

Even when allegations of gender discrimination do not result in legal action, companies can still face a range of non-legal risks. These can be of a short term nature (e.g. brand contamination) or long term (e.g. sustained consumer campaigns that may damage market share and ultimately require a company to change its discrimination policy).

These risks include:

• Consumer boycotts resulting in brand contamination and reduced sales
• Alienation of existing and potential female employees resulting in a loss of/failure to recruit talent – as well as associated challenges around morale and employee retention
• Loss of potential markets for products targeting women. Women are less likely to purchase products from companies that have a reputation for discriminating against women
• Negative press and activist campaigns resulting in brand erosion
• Divestment by ethical and mainstream investors resulting in reduced access to capital

Online activist campaigns can draw attention to inadequate internal gender policies, resulting in negative press coverage and reputational damage:

Oxfam highlights the failure of food and beverage companies to address the exploitation of female small-scale farmers

In 2013, Oxfam launched its Behind the Brands campaign. The campaign scores the 10 largest food and beverage companies on their policies in areas that Oxfam describe as "critical to sustainable agricultural production, yet historically neglected by the food and beverage industry."These areas include: women, small scale farmers; farm workers; water; land; climate change; and transparency.

The report found that none of the Big 10, including General Mills and Mondelez, engage in resolving the challenges women face within their supply chains. In addition, it claims that they are not taking action to find out how many women are involved in their supply chains, or in which farming activities they engage in. Oxfam maintain that without such knowledge, "the Big 10 cannot determine whether women are at risk of exclusion or exploitation, and whether women have equal access to the safer, better paid and more stable jobs often reserved for men at the farm level." The report finds that while all companies have a non-discrimination policy for their own employees, this is not extended to female farmers – those who are most vulnerable and for whom the infringement of their rights is the least visible.

The report scores Danone and Associated British Foods plc (ABF) as ‘very poor' in this respect. Oxfam notes that although Danone have projects on female farmers, they show ‘no awareness of issues faced by women' and ‘no commitment to supporting change for women'. Although ABF has projects to support rural women, there is little data on their female smallholders, and no policies in place to support them.

The ‘Behind the Brands' campaign demonstrates the power of online petitions and consumer activism. Within a month of Oxfam's report, 60,000 people had signed a petition urging chocolate companies to protect female cocoa farmers. Mars and Nestle have since made commitments to tackle the inequality, hunger and poverty faced by women in their cocoa supply chains.

Uber under fire following sexual harassment allegations

In June 2017, Uber fired more than 20 employees following a company investigation into sexual harassment againt women and inappropriate workplace culture. Although the identities of those let go have not been revealed, it is believed that senior executives are among them. The investigation followed allegations made by former employee Susan Fowler - who claimed that her manager propositioned her for sex - as well as decisions made by the company to provide rewards solely for male employees. Since Ms. Fowler's claims were made public, Uber established an anonymous hotline to receive complaints of harassment. A further 215 complaints were submitted; however it is understood that the company took no action in 100 of these instances. Acting on the recommendations of an independent law firm, the company took the decision to fire 20 employees. The board has also voted to adopt a set of recommendations from former US Attorney General, Eric Holder, regarding human resources and accountability.

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The UN ‘Protect, Respect and Remedy' Framework for Business and Human Rights provides guidance on how to protect individuals and communities from corporate related human rights harm.

The framework is comprised of three key principles:

• Protect: The state duty to protect against human rights abuses by third parties, including business;
• Respect: The corporate responsibility to respect human rights; and
• Remedy: Greater access by victims to effective remedy, both judicial and non-judicial.

The framework states that in addition to complying with national laws businesses have a responsibility, in the context of the countries where they operate, to respect human rights through their own business activities and through their relationships with third parties – such as business partners and entities in their supply chains. To meet this responsibility, the framework notes that businesses should engage in human rights due diligence and specifies the main components of the process:

Policies: Including a human rights policy containing broad commitments, supported by more detailed guidance in specific functional areas

Impact assessment: Including assessments that explicitly reference internationally recognised human rights and are used by companies to avoid potential negative human rights impacts on an ongoing basis

Integration: Including the embedding of respect for human rights throughout a company

Tracking performance: Including regular updates of human rights impact and performance

The Guiding Principles for the Implementation of the UN "Protect, Respect and Remedy" Framework aim to provide "concrete and practical recommendations" about how businesses can operationalise their responsibility to respect human rights. According to the Guiding Principles, the responsibility to respect human rights requires responsible companies to:

• Implement a human rights policy
• Apply human rights due diligence
• Provide for remediation

The UNGPs apply to all States and to all business enterprises, both transnational and others, regardless of their size, sector, location, ownership and structure.

The UNGPs have experienced widespread uptake and support from both the public and private sectors, and numerous companies have publicly stated their commitment to the Guiding Principles. The UN Guiding Principles Reporting Framework is also used by companies to report on how they respect human rights.

Companies can seek specific guidance on this and other issues relating to international labour standards from the ILO Helpdesk. This aims to help company managers and workers understand the ILO approach to socially responsible labour practices and to assist in the development of good industrial relations.

1. Policies and practices

If feasible, a company should consider developing and implementing human rights policies in order to provide a foundation for a socially responsible approach to the elimination of gender-based discrimination in the workplace.

Such policies should be aligned with international standards in their employment of women, such as those advanced by the International Labour Organization (ILO). In particular, there are four core ILO Conventions relating to women in the workplace that responsible businesses should follow in developing policy. These include:

• Equal Remuneration Convention (No. 100), which requires that men and women receive equal remuneration for work of equal value
• Discrimination Convention (No. 111), which prohibits gender-based discrimination in employment and occupation
• Workers with Family Responsibilities Convention (No. 156), which makes provision for workers with family responsibilities to continue with employment without conflict between the two duties
• Maternity Protection Convention (No. 183), which provides for maternity protection in the workplace

Furthermore, the ILO's ABC of Women Workers' Rights is a useful reference and outlines a range of labour standards relating to women workers' rights. This is a good resource for responsible businesses who wish to ensure that their practices and processes comply with international standards.

Another useful starting point for policy formulation in this realm is the Women Empowerment Principles, produced by the UN Development Fund for Women. These principles, launched in 2009, set out concrete actions aimed at addressing inequality within the workplace (which are informed by real life business practices). The seven principles which should inform policy commitments include:

• Principle 1: Establish high-level corporate leadership for gender equality
• Principle 2: Treat all women and men fairly at work – respect and support human rights and non-discrimination
• Principle 3: Ensure the health, safety and well-being of all women and men workers
• Principle 4: Promote education, training and professional development for women
• Principle 5: Implement enterprise development, supply chain and marketing practices that empower women
• Principle 6: Promote equality through community initiatives and advocacy
• Principle 7: Measure and publicly report on progress to achieve gender equality

In addition to the above, a company may commit to:

• Compliance with national law on gender equality. If there are no national laws in relation to gender discrimination, the policy should commit to international standards, such as the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Where local laws differ from the company's policy, the higher standard should prevail as long as it does not violate national law
• A regular review of its gender policy, viewing it as a ‘living document'. The policy and any revisions should be disseminated to all employees
• The creation of a panel specialising in gender issues, if appropriate
• Implementing human rights due diligence if it is required in the circumstances. This could occur, for example, when a company is moving operations into new markets
• Maintaining records on the recruitment, training and promotion of female employees – which might be measurable and incentivised. These records can then be analysed to assist a company when implementing policy and committing to gender goals.Publishing these figures is advisable since transparency is important, and circulating this information to all the stakeholders maintains a high level of accountability
• Monitoring and auditing to oversee compliance with gender policy

There are a range of useful resources which can be used by businesses for policy implementation. For example, the UN Global Compact and UN Women have established a practical guidebook which outlines how to translate the Women's Empowerment Principles into practice and offers company examples. Such practical actions – which companies can commit to via their corporate policies – might include:

Principle 2: Equal Opportunity, Inclusion and Non-discrimination:

• Prominently publicise an explicit company statement that prohibits gender-based discrimination in hiring, retention policies, promotion, salaries and benefits
• Design recruitment initiatives that reach out to more women; review and analyse remuneration of all employees by gender, employee category and job title
• Ensure equal opportunities for women to lead on important assignments and task forces
• Survey employees to elicit the views of women and men towards company policies on equal opportunity, inclusion, non-discrimination and retention
• Establish and implement a confidential grievance policy as well as procedure for incidents of discrimination, sexual harassment and gender-based violence

Principle 4: Education and Training

• Train and educate employees, particularly male staff, on the company's business case for women's empowerment
• Offer career clinics and mentoring programmes for women's career development at all stages
• Promote training programmes tailored for women

Principle 7: Transparency, Measuring and Reporting

• Report annually, by department, on company gender equality plans and policies, using established benchmarks
• Publicise findings on company efforts towards inclusion and advancing women through all appropriate channels and pre-existing reporting obligations
• Include monitoring and evaluation of company gender equality goals into ongoing performance indicators

With regard to Principle 7, the Global Reporting Initiative (GRI) and the International Financial Corporation (IFC) have joined forces to help companies expand their sustainability reporting to include an emphasis on gender issues and company gender initiatives. The Embedding Gender in Sustainability Reporting: A Practitioner's Guide provides suggestions for key indicators to measure gender equality. For example, it recommends that in measuring gender equality within a company's organisational governance and values, the following should be considered: gender breakdown of the organisation's board of directors; the number and percentage of management posts by gender; and percentage breakdown by gender of the top five highest-paid executives.

Companies may also consider committing to the Women's Empowerment Principles in order to demonstrate leadership on gender equality. As of June 2017, 1459 businesses have signed up to the 7 principles, which aim to empower women in the workplace, marketplace and in communities. On adoption, companies produce a CEO Statement of Support which sets out their intention to measure and publicly report on their progress towards gender equality. Current reporting guidance for the principles aligns with the Global Reporting Initiative framework, and can also be integrated into annual UN Global Compact Communication on Progress.

An additional resource that can assist with policy formulation comes from the Knowledge Gateway for Women's Economic Empowerment, established by UN Women. The gateway provides a range of resources which can guide responsible businesses in the development of gender equality policies, particularly relating to women's economic empowerment. The online library of resources includes national laws and policies, company profiles, research, case studies to initiatives and partnerships, and training materials. Topics cover driving female entrepreneurship, transforming the workplace and accessing, owning and controlling resources.

As part of their broader commitment to gender equality, responsible businesses can choose to cooperate with other companies by joining EDGE (Economic Dividend for Gender Equality) – an initiative developed by the Gender Equality Project. EDGE provides a diagnostic tool aimed at encouraging businesses to close the gender gap. It is based on three steps:

• Measurement: Companies can measure their progress in closing the gender gap by monitoring key metrics and indicators. Key metrics include gender mix, unexplained pay gaps and employee ratings of the company on gender equality. Key outcome indicators include equal pay for equivalent work, recruitment and promotion, leadership development training and mentoring, flexible working and company culture.
• Community: EDGE also provides companies with the opportunity to exchange best practice and benchmark reports to compare progress.

Certification: Businesses can then become certified for their commitment to non-discrimination within the workplace, once they are deemed to have achieved gender equality based on the indicators and global standards.

2. Staff training

Staff training initiatives will help guide employees in adhering to relevant policy requirements (and supporting procedures) aimed at promoting gender equality within the organisation. They can also be used to transform gender-based stereotypes that may negatively impact or hinder women's progression within a business. At the most basic level, responsible businesses may consider the use of including gender training in their annual yearly training plan and providing easily-accessible training manuals detailing gender equality policies.

Beyond this, the Women's Empowerment Principles offer guidance on the kinds of education and training initiatives that businesses might implement. The principles advise that companies:

• Invest in workplace policies and programmes that open avenues for advancement of women at all levels and across all business areas, and encourage women to enter non-traditional job fields
• Ensure equal access to all company-supported education and training programmes, including literacy classes, vocational and information technology training
• Provide equal opportunities for formal and informal networking and mentoring
• Articulate the company's business case for women's empowerment and the positive impact of inclusion for men as well as women

The ILO has developed a toolkit called ‘Break gender stereotypes: give talent a chance', which explains how small- and medium-sized enterprises (SMEs) can overcome gender stereotypes to tap into the full potential of their employees, both men and women. Although the toolkit is designed for SMEs, it provides practical guidance, including a training framework, on issues that may be useful to larger businesses when holding awareness-raising workshops. The toolkit also provides a range of resources, including two particularly useful components: Unit 1 builds participants' awareness of the business benefits of gender equality, while Unit 2 helps participants to analyse the impact of gender stereotypes on businesses. Furthermore, the toolkit encourages employees to consider the business benefits of gender equality, the negative impact of gender stereotyping and the gender division of labour.

In addition, the ILO has developed a Maternity Protection Resource Package, which provides capacity development and training on maternity protection within the workplace. The package outlines three training programmes that businesses can use to ensure best practice, including:

• Advancing maternity protection through policy development
• Advocacy for improving maternity protection
• Breastfeeding action at the workplace

3. Skills development training and support

A socially responsible company may establish programmes that promote access to skills development training for female employees within their workforce – and potentially within their supply chains. Such training should ideally address those areas where women have typically been unable to gain relevant experience or build up relevant skills (depending on circumstances) – and which may have stymied their ability to achieve full equality in the workplace. Potential areas of focus might include (for example):

• Career planning
• Team and project management
• Information technology
• Financial management

In countries where women are not given access to basic education, responsible businesses may also carry out training to equip their female employees with more basic life and technical skills. Such training can include:

• Communication
• Problem-solving
• Decision-making
• Financial literacy
• Gender equality

If feasible, a company should try and ensure that training provided to workers is accessible to all women, including those with family responsibilities. In addition to formal training sessions and programmes, it may also be useful to implement more informal ‘mentoring' systems. As well as providing immediate workplace and guidance, mentors can prove invaluable in helping female employees progress their careers in the longer term.

In ‘male dominant' industries, companies may consider providing women with specific technical training to narrow the gender gap. For example, in its report on Guidelines on gender in employment policies, the ILO notes that there is a significant gender gap in technology training. It notes that women's lack of access to (which affects their ability in) ICT limits women's opportunities to progress in the ‘knowledge economy', as well as in ICT roles where more advanced digital skills are required. In response to this challenge, businesses could promote ICT courses for women to expand their knowledge in this area, enabling them to access more skilled roles.

In addition, women have traditionally been under-represented in sectors such as mining – which have historically been the preserve of male workers. This heritage – as well as the context in which it typically operates – can mean that there are barriers to be overcome before real equality of representation can be achieved. To address this, there is a movement within the industry to try and ensure women are given the right professional opportunities to allow them to succeed – and to ensure equality within the industry. Indeed, the IFC, along with South African mining company Lonmin, have produced Women in Mining: A Guide to Integrating Women into the Workforce. This provides (amongst other suggestions aimed at "integrating women into the mining sector") a number of recommendations with respect to the recruitment of women, career development support and lifestyle support.

For those companies seeking to enhance the capabilities of women outside of the workplace (for example in the community), the ILO's training package, GET Ahead for Women in Enterprise, marks a useful starting point. The training package promotes enterprise development among women in poverty who want to start, or who are already engaged in small-scale business. The ILO recommends that training includes the following elements:

• Business ideas, opportunities and challenges
• Marketing
• Production, services and technology
• Finance
• Management of self and others
• Business support and networking
• Action planning for your business

4. Panel addressing gender issues

If feasible, a panel could be constituted to address internal gender issues.Ideally, the panel would include a member of the board, upper and middle management, as well as female and male employee representatives. The panel could be used as a tool to identify any barriers to employment or the advancement of women. The company can then undertake measures and strategies to meet any challenges.

For example, the ILO has suggested that companies establish a Pay Equity Committee to identify and eliminate any pay inequality within the workplace. It has provided guidance on the composition of such a committee and suggests that the following points should be taken into account when deciding on its composition:

• Members should be willing to recognise and eliminate any gender bias
• Female workers should be allowed to play a significant role in the process
• If female workers from ethnic minorities are concentrated in some jobs, they should be appropriately represented

5. Grievance mechanisms

A company might develop grievance mechanisms and procedures to address complaints, handle appeals and provide recourse for women who have faced discrimination in the workplace. The establishment of an effective complaints procedure will convey the message that the company takes gender discrimination seriously; is capable of dealing with complaints consistently and within a specified timeframe; and alerts employees to patterns of unacceptable conduct.

According to guidance from Harvard University, any grievance mechanisms should ideally be:

• Legitimate and trusted – and ideally be overseen by the company and its employee representatives
• Well publicised and accessible
• Transparent in terms of process and outcomes – whilst allowing for confidentiality where necessary and desirable
• Based on engagement and dialogue between the relevant parties (where appropriate)
• Predictable in terms of process – including key steps and options within the process, timeframes and the monitoring of outcomes
• Fair and empowering – including the appropriate treatment of imbalances in power, knowledge and influence between protagonists
• A source of continuous improvement – including the achievement of learning on the basis of received complaints, the identification of systematic problems within the workplace and lessons learnt from the grievance process itself

The ILO provides more specific guidance around the specific issue of harassment. It notes that an effective grievance procedure will provide various options to the individual making the complaint, allowing the victim to choose the option that is most suitable to their circumstances. For example, the complaint can either be informal or formal.

The ILO outlines seven steps that businesses can implement as part of a formal grievance procedure:

• Conduct a private interview with the complainant and articulate the allegations in writing
• Convey the allegations to the alleged wrongdoer in full
• Provide an opportunity for the alleged wrongdoer(s) to respond and defend themselves against the allegations
• If there is a dispute over facts, investigate the claim, take statements from witnesses and collect other evidence
• Make observations on whether the complaint is substantiated
• Prepare a written report documenting the investigation process, evidence, findings and recommended outcome(s) to senior management
• Implement (with the support of senior management) the recommended outcome(s) or decide on an alternative course of action

It is further recommended that the formal complaints procedure is overseen by a gender-balanced dispute settlement committee that includes a member of senior management as well as a staff member who is trained in handling such grievances.

When gender discrimination is identified, disciplinary actions and sanctions should be implemented to ensure occurrences do not re-occur in future. Such actions may include a written warning or reprimand, removal of management authorities or duties and in serious cases, suspending or terminating employment.

6. Create family friendly working conditions

Where appropriate and feasible, a company may create structures in the workplace which provide family friendly working conditions. Adequate maternity protections and the implementation of family friendly policies can play an important role in promoting women's equal opportunities and treatment in the labour market, and can ensure maternity is not a barrier to career advancement. Mother-friendly practices will also help to encourage women to remain in the workplace before and after childbirth.

The ILO's Maternity Protection Convention (No. 183) provides a good starting point. This identifies five key areas for maternity protection in the workplace:

• Maternity leave
• Cash and medical benefits
• Health protection in the workplace
• Employment protection and non-discrimination
• Breastfeeding arrangements at work

These areas can be responsibly addressed through a variety of means, including the following:

• Flexible working hours, including reduced daily hours of work
• The choice to work from home
• Flexible maternity leave
• The provision of on-site day care centres, or company-subsidised day care
• The provision of comprehensive medical coverage, including antenatal clinics and scans
• Meetings with pregnant women before and after maternity leave to discuss how working conditions can be improved for them
• Transition coaching before and after the birth of a child to support employees in managing work and family responsibilities
• A 'buddy' programme to help women to stay in touch whilst on maternity leave
• The provision of breastfeeding rooms
• Training for women upon their return to work after maternity leave to provide them with information on updated processes and policies

Although companies should ideally focus on the implementation of international best practice, the ILO provides a database outlining maternity protection legislation for women across all countries. The database can be used by responsible businesses in identifying country-specific information relating to maternity protection, including length of maternity leave; cash and medical benefits as well as their qualifying conditions and the source of funding; health protection; non-discrimination and employment security; and breastfeeding upon return to work.

7. National action plan

When companies are moving operations into regions where gender discrimination is culturally embedded and clearly not in line with company policy, it may be advisable to join government-led or supported initiatives.Taking a collaborative approach ensures compliance with national legal standards and facilitates government endorsement.

For example, the Gender Equality Model (GEM) was developed by the World Bank in 2001. The model promotes gender equality standards in key areas, such as selection and hiring processes, training policies, professional development, family-work balance and the prevention, handling, and the following up of cases of sexual harassment. The model can be adopted by private sector companies, as well as government agencies.

In Egypt, for example, the government, in partnership with the UN and other international organisations, created the Gender Equality Model Egypt (GEME).GEME provides private firms with the training to document gender disparities, take corrective action in particular cases, and institutionalise gender equality. Firms self-select into the project, but GEME requires that their human resource departments have sufficient resources so they are able to implement gender equity policies and monitor the results. Ultimately, outside auditors monitor the firms' human resource practices with an impact evaluation component that determines best practices for use throughout Egypt.

This framework was based on a Mexican model, implemented in 2003 with assistance from the World Bank.

In 2005, firms participating in GEME reported:

• An improved labour environment (31% of firms)
• Better communication between management and workers (23%)
• An increased number of women in managerial positions (9%)
• Increased productivity (8%)
• A reduction in salary gap (8%)
• A reduction in maternity-related discrimination (8%)

The GEM model has also been extended to countries in Latin America and the Caribbean – with both Chile and Mexico converting the GEM into public policy and into an annual action plan for government agencies.

In Mexico, for example, the GEM was converted into a programme of the Mexican federal government, while GEM principles of work equity were incorporated into State policy in the General Law of Equity between Men and Women, which was approved in 2007. By 2011, a total of 300 firms had been certified in Mexico, benefiting nearly 300,000 employees. The World Bank reports that implementing the GEM in Mexico has contributed to:

• Eliminating discriminatory hiring processes due to maternity
• Improving communication in the workplace
• Improving employee performance and productivity
• Reducing wage inequality between men and women, and increasing female access to high-level positions
• Implementing family-friendly policies, such as flexible working hours

The implementation of the GEM in Argentina has also produced successful results. The GEM principles were used to develop the Argentinean Gender Equity Model, which was later tested in a pilot programme led by Instituto Nacional contra la Discriminación (INADI; Argentinean National Anti-discrimination Institute). The pilot ended successfully with the certification of nine companies, benefiting 21,000 workers. The companies reported, at the end of the programme, that they would ensure the following:

• Commitment to gender equity is explicit in the companies' policies
• Elimination of discriminatory practices in personnel selection and hiring practices
• Training policies aimed at men and women alike
• Adoption of special strategies for promoting female access to management positions and encouraging female leadership in general
• Benefits for work-family balance for men and women – not just for men
• Incorporation of mechanisms for addressing cases of sexual harassment and promoting a respectful working environment

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Business and equality and gender

Globally, women hold 24% of senior management roles, demonstrating only marginal improvement since 2004, when 19% of women could be found in senior management roles.

According to the ILO's report,Breaking the Glass Ceiling, contributing factors to the low representation of women in these groups include:

• Stereotyping (e.g. roles, abilities, commitment, leadership)
• Lack of management experience
• Lack of flexibility in work schedules
• Lack of mentoring and role models for women
• Lack of intentional recruitment of women at every level
• Occupational segregation

State-sanctioned discrimination (such as gender-biased legislation relating to access to education, credit, land ownership, inheritance rights etc.) renders women unequal in law and therefore unable to participate equally in public life. State-sanctioned discrimination, for example by law enforcement agencies, also restricts women's access to remedies for violations and fosters the need for companies to provide alternative grievance mechanisms.

Furthermore, state-sanctioned segregation of the sexes in the workplace remains prevalent in many countries and sectors. In part, this segregation is borne fromsocial attitudes about what constitutes a ‘male' or ‘female' job and has the effect of ‘streaming' the sexes (both voluntarily and involuntarily) into separate professions.

The ILO's 2017 World Employment Social Outlook report states that the global labour market participation rate for women is 49%, which is nearly 27 percentage points lower than the rate for men. No improvement is projected for 2018. Labour market participation gaps are widest in North Africa, the Arab states and Southern Asia, where they stand at over 50%. Likewise, occupational segregation has increased from 15% in 1997 to 20.5% in 2017, with women concentrated largely in roles in education and health and wholesale and retail trade.

Limited access to education in many countries, driven largely by social norms and poverty, pushes many women towards vulnerable forms of employment. This includes self-employment, usually within the informal economy, or employment within family businesses where labour standards are not likely to be respected. Globally, 43.3% of women are in vulnerable employment.

UN Women also finds that women are more likely to bear disproportionate responsibility for unpaid care work. On average, women contribute 1-3 hours more a day to housework than men and 2-10 time the amount of time to care for children, elderly and sick relatives. In the European Union, 25% of women report that the burden placed on them by care and household responsibilities prevents them from being able to enter the labour force.

Human rights at risk

Other human rights that are typically associated with gender and equality include:

Right to an effective remedy (UDHR, Article 8):Women's right to an effective remedy for human rights violations can be compromised in countries where the judicial system is inefficient or lacks independence, or where authorities such as the police, discriminate against women.

Rights to liberty and security of person (ICCPR, Article 9): Discrimination, cultural practices and a lack of safeguards can result in harassment, threats and attacks against women.

Right to equality before the law, equal protection of the law, and rights of non-discrimination (ICCPR, Article 26): Women experience discrimination in law and practice, as well as in society and in the workplace. This includes discrimination in economic opportunities as well as access to remedies for human rights violations.

Right to family life (ICESCR, Article 10): In some cases, the conditions under which employees work – including issues such as long or irregular hours and inflexible working arrangements – can seriously undermine this right.

Right to work (ICESCR, Article 6): Women can be unfairly deprived of employment or arbitrarily dismissed on the basis of their gender or reproductive status. The right to work is closely linked to the rights of just and favourable working conditions and the right to non-discrimination.

Right to enjoy just and favourable conditions of work (ICESCR, Article 7): Women are frequently paid lower wages than men for work of equal value. The right to enjoy just and favourable conditions of work is closely linked to the right to non-discrimination.

Right to education (ICESCR, Articles 13 and 14): This includes the right of equal access to education and equal enjoyment of educational facilities. Women and girls in some countries lack access to educational opportunities due to discrimination and poverty, thus reducing their chances of employment.

Rights of protection of the family (ICESCR, Article 23): Workplace practices can hinder the ability of working parents to adopt a healthy work/life balance and spend quality time with their families.

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