Women at Work: Regulatory Barriers and Opportunities

Transcription

1 Women at Work: Regulatory Barriers and Opportunities Introduction: Michelle Bekkering, USAID Bureau for Economic Growth, Education and Environment (E3) Speakers: Lis Meyers, Nathan Associates, Kenana Amin, USAID/Jordan Moderator: Ana Guevara, USAID Office of Trade and Economic Growth Date: October 10, 2018

2 Michelle Bekkering USAID Bureau for Economic Growth, Education and Environment (E3) Michelle Bekkering joined USAID in July 2017 and serves as the Senior Deputy Assistant Administrator of the Bureau for Economic Growth, Education and Environment (E3). Concurrently, Ms. Bekkering serves as the Agency s Senior Coordinator for Gender Equality and Women s Empowerment where she oversees the Gender Equality and Women s Empowerment portfolio for the Agency. Prior to joining USAID, Bekkering was the Director for Global Initiatives and Senior Gender Advisor at the International Republican Institute (IRI), where she managed cross-sectoral global programs with a focus on parliamentary strengthening, people-topeople exchanges, leadership development initiatives, and the political inclusion of women and youth. At the same time, Bekkering served as the Institute s senior gender advisor, providing strategic leadership, technical assistance and training for IRI s initiatives to promote women s empowerment and gender equality. She also served as guest lecturer for the Gender Equality Course at the U.S. State Department s Foreign Service Institute; as a member of the U.S. State Department s Speakers and Specialists Program; in the European and Eurasian Affairs Directorate of the National Security Council under President George W. Bush; and as an aide to Congressman Dana Rohrabacher (CA-46). Bekkering graduated from Dordt College in Sioux Center, Iowa and studied at the Vrije Universiteit in The Netherlands.

3 Ana Guevara USAID Office of Trade and Economic Growth In February 2018, USAID Administrator Mark Green named the Honorable Ana M. Guevara the Senior Advisor for Trade and Economic Growth. Ms. Guevara is a respected figure in both government and business sectors with extensive experience in international trade, customs, transportation, and development. She was formerly Vice President at two Fortune 50 companies (UPS and Walmart), Alternate Executive Director to the World Bank Group, Deputy Assistant Secretary of Trade for Service Industries at the U.S. Department of Commerce, and an active member of nonprofit executive boards and think tanks. Over the years, Ms. Guevara has promoted and led initiatives on women s economic empowerment with governments, NGO s, private sector, and multilateral organizations. Her track record of achievement is a result of optimizing the nexus of international policy and business with social impact through strategic partnerships. She received her B.A. in public and international affairs from George Washington University.

4 Lis Meyers Nathan Associates Ms. Meyers is a Managing Associate at Nathan Associates, where she leads gender and women s economic empowerment programing across Nathan s portfolio of international projects. She recently undertook research for USAID on legal and regulatory barriers that affect women s wage employment. The report includes analysis to understand how policies and regulations limit or enable women to enter, remain, and advance in the workforce, including restricting employment of women, requiring occupational licenses, addressing employment discrimination, prohibiting and addressing sexual harassment, and enabling parents to work. With over a decade of expertise in gender integration work across sectors, Ms. Meyers has led research on women s role in cross border trade, addressing social norms in women s financial inclusion, child, early, and forced marriage, and the potential of impact sourcing to generate employment opportunities for vulnerable populations. Ms. Meyers facilitates the SEEP Women s Economic Empowerment Working Group and chaired the Technical Advisory Committee for the 2017 Women s Economic Empowerment Global Learning Forum in Bangkok, Thailand. She is also an experienced trainer and has facilitated gender integration trainings in the U.K. and across Sub-Saharan Africa, as well as Persuasive Communication workshops for women entrepreneurs and workers. She has a BA from Brown University and an MSc with Distinction from The London School of Economics

5 Kenana Amin USAID/Jordan Kenana Amin is a senior specialist with the USAID/Jordan Program Office. She currently serves as the Gender Team Leader as well as the Team Leader for the Monitoring, Evaluation and Project Design teams. In her 20 years with USAID/Jordan, Kenana has played a key role in a variety of areas, including strategy development, gender equality, participant training, outreach and communication, performance monitoring and evaluation and project design.

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8 WOMEN S WAGE EMPLOYMENT IN DEVELOPING COUNTRIES REGULATORY BARRIERS AND OPPORTUNITIES

9 Women at Work

10 Where more legal restrictions around gender equality exist, fewer women work! Laws and regulations influence women s economic participation across women s lifecycles - from educational opportunities and choices through retirement. Ability to balance work and family Education and field of study Job prospects Economic decision making Earning potentiel Career growth

11 Topics Ability to Seek Wage Employment Employment Restrictions for Women Employment Discrimination Sexual Harassment in Education, the Workplace and Public Spaces Enabling Parents to Work Grounded in data from the Women, Business and the Law (2018)

12 Ability to Seek Wage Employment Gender inequalities in civil and administrative laws prevent or make it harder for women to seek employment. Affect women s ability to exercise agency and make choices on economic activities. Marriage can change the legal status and legal capacity of women: Curtails women s rights to pursue a profession; decide where to live or when to travel; Additional requirements to obtain IDs, passports or bank accounts.

13 Key Findings: Ability to Seek Wage Employment Many of these restrictions are found in former colonies where outdated colonial laws and codes have not been reformed. Women without a legal identity are excluded from the formal labor market When married women are faced with additional requirements to obtain an ID (6 USAID countries), seeking employment; attending school; opening a bank account; or applying for a driving license become more cumbersome.

14 Key Findings: Ability to Seek Wage Employment (cont.) Women s labor force participation is curtailed when married women need their husband s approval to work. When married women have to obey their husband (10 USAID countries) or require their husbands permission to get a job (10 USAID countries), there are fewer incentives to educate girls and serious restrictions on married women s ability to work; In Rwanda, preventing one s spouse from working is considered a crime and a form of domestic violence. A wife shall not be entitled to maintenance when she is nusyuz [disobedient], or unreasonably refuses to obey the lawful wishes or commands of her husband: (a) when she withholds her association with her husband; (b) when she leaves her husband s home against his will; or (c) when she refuses to move with him to another home or place. Article 59 Islamic Family Law [Malaysia]

15 Case Study: Regulatory change in Ethiopia enabled more women to work outside the home The (old) rule: The Ethiopian family code granted a spouse the ability to deny the other spouse the right to work outside the home. Practical implications: It was predominantly husbands who denied their wives the opportunity to work outside the home. Regulatory reform: Elimination of the spousal objection rule and the legal age of marriage for women was raised from 15 to 18 years. Result: Women s participation in paid work outside the home increased by 15 24%. As young women delayed marriage, more young, unmarried women worked fulltime and in higher skilled jobs.

16 Key Findings: Ability to Seek Wage Employment (cont.) Child marriage reduces girls educational attainment, workforce participation, and intra-household bargaining power.

17 Recommendations: Ability to Seek Wage Employments Conduct gender reviews of national systems, rules, procedures, practices and costs to obtain a legal identity. Support reform activities to remove spousal approval to seek employment or to travel outside the home. Support civil society organizations and policy makers in raising and enforcing the legal age of marriage to 18 years and in supporting girls to remain in school.

18 Employment Restrictions for Women Women s range of employment possibilities are limited by restrictions on what occupations women can hold, the hours they can work or the tasks they may perform. Regulatory restrictions on women s employment reduce the employer s pool of qualified job seekers. Prohibitions are often motivated by concern for health and safety, but bar women from higher paid industries or industries where jobs are more readily available.

19 Number of Countries with Employment Restrictions for Women Metal work 32 Transport 21 Energy 29 Water Agriculture Construction 37 Factories 47 Mines 65 Arduous 44 Morally inappropirate 21 Hazardous 46 Night work USAID Countries Non-USAID Countries

20 Key Findings: Employment Restrictions for Women Women are banned from numerous professions due to concerns about strenuous work conditions and their reproductive health. Commonwealth of Independent States (CIS) prohibit women from working in several hundreds of professions, including driving buses, trains, trams and tractors; Women are restricted from morally harmful professions, such as preparing, handling or selling material with immoral content (17 USAID countries). Mining is the most common profession in which governments bar female employment. 51 USAID countries prohibit women from working in mines; While conditions can be arduous and dangerous, mining can offer lucrative pay and advancement opportunities and serve as stable source of formal employment.

21 Key Findings: Employment Restrictions for Women (cont.) All employees that work night shifts require special protection. Women are restricted from working at night in 20 USAID countries. Many countries have removed restrictions on women s night work and adopted regulations to protect and improve the working conditions of all night workers.

22 Recommendations: Employment Restrictions for Women Improved health and safety regulations for workers offers occupational choices and better work conditions. Undertake country-specific regulatory inventories to map restrictions. Study the positive effects of regulatory changes allowing women to work in previously restricted professions. Conduct an economic impact analysis of the cost of restricting women s employment in particular sectors.

23 Employment Discrimination Discrimination effects women at all stages of their career cycle from applying for a job to retirement. Discrimination perpetrates occupational segregation, promoting a greater concentration of women in low-paying jobs. Gender wage gap is attributed to discrimination, occupational options and choices, as well as the perception that women, as mothers, will be less committed to work and that it is men s responsibility to provide for the family. Hiring Employment Remuneration Promotion Dismissal Retirement

24 Key Findings: Employment Discrimination Countries that have laws mandating: Nondiscrimination based on gender in dismissal Nondiscrimination based on gender in promotions Nondiscrimination based on gender in hiring Nondiscrimination based on gender in employment Equal remuneration for work of equal value USAID Countries Non-USAID Countries Increasingly, discrimination in hiring, employment, remuneration, promotion and dismissal is prohibited. Limited enforcement of nondiscrimination exasperates occupational segregation.

25 Key Findings: Employment Discrimination Maternity discrimination remains widespread. Pregnant women, mothers and women of childbearing age are perceived to be less available and committed to their work; To counteract this, 7 USAID countries prohibit employers to ask job seekers about their family status and most countries prohibit dismissal of pregnant workers. Women earn less than men for work of equal value throughout the world. Can occur in identical work or different occupations deemed to be of equal value; Motherhood wage penalty: Mothers earn less than women who are not mothers; Fatherhood wage bonus: Fathers enjoy a wage increase, compared to men without children.

26 Discrimination in Remuneration 60% Gender Wage Gap: Difference between male and female average earnings 54% 50% 40% 34% 30% 27% 20% 18% 10% 0% Azerbaijan India Bolivia South Africa

27 Key Findings: Employment Discrimination Wage inequalities deter many women from entering labor market at same rate as equally skilled men. Wage inequalities often exacerbated by career breaks or working reduced hours to provide child or eldercare. 37 USAID countries (less than 1/3) have regulations guaranteeing men and women equal remuneration for work of equal value. Less than 25% of countries in Latin America and the Caribbean, Middle East and North Africa, East Asia and the Pacific, and South Asia mandate equal remuneration.

28 Recommendations: Employment Discriminations Assess enforcement of nondiscrimination regulations and use findings to develop improved enforcement, compliance, and M&E procedures. Support private sector actors in evaluating potential economic impact of reducing employment discrimination.

29 Sexual Harassment in Education, the Workplace and Public Spaces Sexual harassment in school, at work and in public places disproportionally affects girls and women. Sexual harassment limits girls and women s mobility and education and employment opportunities. Sexual harassment legislation should provide for civil and criminal recourses.

30 Key Findings: Sexual Harassment School-related, genderbased violence (SRGBV) contributes to girls dropping out of school, which limits skill-building and employment opportunities. When the risk of SRGBV is high, parents take their girls out of school, particularly when schools are far away from home; Awareness about SRGBV is increasing: since 2016, 10 countries adopted legislation addressing SRGBV USAID countries prohibiting sexual harassment Education Workplace Public places

31 Key Findings: Sexual Harassment (cont.) Workplace harassment disproportionately affects women, but also has far-reaching negative effects on economic productivity. Can lead to declines in productivity and increased absenteeism. Harassment can be the price to pay for a job offer, pay raise or promotion. Can create intolerable work environments that cause women to change career trajectory or drop out of workforce entirely. Sexual harassment among U.S. government workers is estimated to cost $327 million over 2 years, due to job turnover, absence and reduced productivity. 61% of cost due to reduced workgroup activity.

32 Key Findings: Sexual Harassment (cont.) When sexual harassment in public places is pervasive, women modify or restrict their travel, and forgo educational, employment or career opportunities. It can also affect women s engagement in civil society and access to educational and networking opportunities.

33 Recommendations: Sexual Harassment Expand sexual harassment legislation to places of education and public spaces. Support governments to adhere to and implement the forthcoming ILO Convention on violence and harassment in the workplace.

34 Enabling Parents to Work Women spend significantly more time than men on unpaid domestic work, including childcare, eldercare, and household tasks. Time poverty limits women s ability to remain and advance in the workforce. Regulations for paid parental leave, flexible work arrangements, and adequate childcare support parents to balance work and family commitments. Policies intended to enable women to work can reinforce social stereotypes about family responsibilities (childcare centers specifically for working mothers) Time spent in paid and unpaid work in Peru Women Men 5 15 Hours of paid work/week Hours of unpaid work/week

35 Enabling Parents to Work Paid parental leave creates greater gender equality and supports working parents by enabling mothers and fathers to get time off to care for their infants. Most USAID countries (110) mandate paid or unpaid maternity leave, but 58 USAID countries do not mandate paid or unpaid paternity leave; Women s employment is 7% higher in countries that provide paternity leave; In 37 USAID countries, the employer (not the government) pays for maternity benefits; For employers, covering the cost of maternity leave adds to the cost of hiring women of childbearing age.

36 Key Findings: Enabling Parents to Work (cont.) Policies supporting parents to balance work and family commitments enable women to remain and advance in the workforce. Women have the right to return to the same or similar position in 67 USAID countries; Parents have the right to request flexible work arrangements in just 9 USAID countries. Access to affordable, quality childcare enables mothers to return to work, while increasing women s productivity and decreasing absenteeism. When subsidized childcare is available, the female labor force participation is higher; Reliable childcare improves worker attendance, retention, and productivity.

37 Case Study: Employer-paid Childcare in Chile Law: Requires all firms employing 20 or more female workers to provide employer-paid childcare services for female employees. Intention: To support women s employment and enable mothers to work. Effect: The cost of employing women increased, a cost the employer passed on. Women working at firms providing child care with 20+ female workers earn 9-20% percent less than female workers hired by the same firm when no requirement of providing child care was imposed. Women experience wage penalty.

38 Enabling Parents to Work (cont.) Review policies to ensure they support working parents rather than only working mothers. Conduct a cost-benefit analysis of expanding access to affordable, quality childcare.

39 Leadership in Public Financial Management II (LPFM II)

40 Women s Employment in Jordan

41 Jordan: Country Profile Young Workforce with Daunting Economic Challenges Non-sustainable economic model Jordan has the highest public sector employment ratios in the world (exceeding 40%). Jordan s public debt is 96% of GDP. Unemployment Two-thirds of the population are under 30 and the highest employment rates are experienced by those youth Jordan has one of the lowest rates of women s workforce participation worldwide, at 26.8% and political participation remains limited. Water scarcity Jordan is one of the most water scare countries in the world. Water demand exceeds supply by 100%. Stresses on social services, including education and healthcare Jordan has a high rate of population growth, with population expected to double by 2047.

42 U.S. Jordan Partnership 60 Years of Commitment to Stability, Prosperity and Self Reliance Focus Areas Supporting economic growth Strengthening democratic governance Improving essential service delivery Promoting gender equality

43 Gender Equality Promoting Female Empowerment Interventions Raise awareness of gender issues and support community action Improve advocacy and reform policy Encourage women-focused support services

44 What the Data is Telling us Women remain heavily excluded from public life Economic Participation: Gender parity in education; ratio of women to men enrolled in universities is 1.07 [Source: World Bank] 15.3% of women (vs 55.3% of men) are actively engaged in the economy [Source: Department of Statistics, 2018 Q2] 97.2% of women are wage employees; 46% of women work in public sector [Source: Department of Statistics] 70% of women reported that they are homemaker and are not seeking work outside the home [Source: General Population Survey] 16% of businesses report having some percentage of female ownership [Source: Private Sector Survey]; 6% of women surveyed owned their own business or had an income generating activity from home vs 11% of men surveyed [Source: General Population Survey] 49% of businesses report that they do not hire women [Source: Private Sector Survey] Cultural norms around a woman s perceived primary role as a mother and a homemaker may be underpinning the biases against women s economic empowerment and participation [Source: Private Sector Survey]

45 What the Data is Telling us cont. Women remain heavily excluded from public life Perceptions Across all surveys data showed clear biases (amongst men and women) against the equal rights and equal economic and civic participation of women. 30% of men and 18% of women do not believe women should have equal rights as men [Source: General Population Survey] 27% of men and 13% of women do not believe that women should have equal employment opportunities as men [Source: General Population Survey] 74% of men and 70% of women believe that men have more right to a job than women in times of economic crisis [Source: General Population Survey] 56% of men and 50% of women believe that men make better political leaders and should be elected rather than women [Source: General Population Survey] Underrepresentation of women in leadership positions; estimated only 7% of highest level of civil service employees are women 32% of ever married women are subject to gender-based violence; 70% of married women accept one rationale for violence by husband [Source: DHS]

46 Policy and Regulatory Reform Safeguard rights and promote role models Focus On Public Sector Provide incentives for adopting reforms Model best practices in civil service Strengthen institutional governance through gender audits Provide leadership training Identify gender champions Review, identify and advocate for legal reforms Support legislators

47 Cultural Norms and Practices Change mindsets to increase awareness and promote equality Social and structural changes Facilitate online and offline social dialogue Provide skills training and job placement services Engage families and communities Work with employers and employees Establish mentorship and networking forums Increase women-owned businesses

48 Remember. What we learned over the years Women s employment is key to economic prosperity Research-based multi-level strategy Regulatory reforms must be accompanied by tackling cultural norms Customize and adapt Be persistent Focus on the positive

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