By Augusta Shahin, MCIArb (UK)
In Nigeria, discussions about workplace discrimination often centre on gender inequality. However, for many women, discrimination is multifaceted, encompassing not only gender but also disability, sexual orientation, or health status. These intersecting identities exacerbate barriers to employment, fair remuneration, and workplace safety, creating a complex web of social exclusion.
Despite existing legal protections, women with disabilities, LGBTQ+ women, and women living with HIV/AIDS continue to face job discrimination, wage disparities, harassment, and exclusion from economic opportunities. These challenges are intensified by inadequate law enforcement, cultural stigmas, and Nigeria’s predominantly informal labour market. Achieving genuine workplace justice necessitates addressing the intersectionality of discrimination, moving beyond a singular focus on gender bias.
Marginalised Women & Workplace Discrimination: The Invisible Crisis
Women with Disabilities: Overlooked & Underpaid
For women with disabilities, securing employment is a formidable challenge. Societal prejudices often lead employers to underestimate their capabilities, resulting in higher unemployment rates, lower wages, and limited leadership opportunities. Additionally, many workplaces lack the necessary physical accommodations, further excluding disabled women from formal employment.
“I graduated with a first-class degree, but after 50 job applications, all I received were rejections. Employers don’t see my qualifications—only my wheelchair.”
— Fatima S., job seeker in Abuja
This sentiment reflects a broader issue. In Nigeria’s mining industry, for instance, women with disabilities face systemic discrimination. The absence of inclusive policies and the presence of physical and attitudinal barriers hinder their participation, perpetuating economic disparities. Advocacy groups have long called for deliberate policies that incentivize women and women with disabilities in the mining sector, including access to micro-credit facilities and skill training.
LGBTQ+ Women: Navigating a Minefield of Discrimination
In a country where same-sex relationships are criminalised, LGBTQ+ women often conceal their identities to avoid workplace discrimination, harassment, or even job termination. The absence of legal protections leaves them vulnerable, forcing many to lead double lives to maintain employment.
“After my employer discovered I had a same-sex partner, I was suddenly ‘let go’ due to ‘company restructuring’. No one will admit it was because of my sexuality.”
— Anonymous, Lagos
A 2022 report by the Initiative for Equal Rights (TIERs) found that over 60% of LGBTQ+ individuals in Nigeria hide their identities at work to avoid discrimination.
Women Living with HIV/AIDS: Battling Stigma & Job Insecurity
Women living with HIV/AIDS frequently encounter workplace discrimination upon the revelation of their health status. Despite legal prohibitions, some employers mandate HIV testing as part of recruitment processes. The resulting stigma often forces HIV-positive women into informal employment, devoid of job security and benefits.
“After my employer learned of my HIV-positive status, I was reassigned to an isolated desk. A month later, I was dismissed without explanation.”
— Ngozi E., former bank employee
The National Agency for the Control of AIDS (NACA) found that one in three people living with HIV in Nigeria has faced workplace discrimination.
Legal Protections: Why They Are Failing Marginalised Women
Nigeria boasts several laws designed to safeguard women’s rights in the workplace:
- Labour Act (2004): Prohibits discrimination but lacks explicit protections for women with disabilities, LGBTQ+ individuals, or those living with HIV/AIDS.
- Violence Against Persons (Prohibition) Act (VAPP, 2015): Criminalises workplace harassment but has been adopted by only 34 out of 36 states.
ajol.info - National HIV/AIDS Anti-Discrimination Act (2014): Forbids discrimination against individuals living with HIV/AIDS; however, enforcement remains weak.
The efficacy of these laws is undermined by several factors:
- Inadequate Enforcement: Regulatory bodies often lack the resources or political will to enforce existing laws effectively.
- Cultural Norms: Deep-seated societal attitudes perpetuate discrimination, with many viewing marginalised groups through a prejudiced lens.
- Informal Labour Market: A significant portion of Nigeria’s workforce operates in the informal sector, beyond the reach of formal legal protections.
“What’s the point of having labour laws if they don’t protect the most vulnerable? We need stronger policies, not just words on paper.”
— Hauwa Shekarau, Women’s Rights Lawyer
The Economic Trap: Gender Pay Gaps & Informal Work
Exacerbated Gender Pay Gaps
While women in Nigeria generally earn less than their male counterparts, marginalised women face even wider disparities. Employers may offer reduced wages to disabled women or deny promotions to LGBTQ+ employees, further entrenching economic inequalities.
Precarious Informal Employment
A substantial number of Nigerian women are engaged in informal work, which offers no legal protections, benefits, or job security. Roles such as domestic workers, market traders, and sex workers are particularly vulnerable to exploitation and abuse.
“Most women like me don’t have contracts or benefits. If I get sick or harassed, I have no rights, no protection.”
— Blessing I., domestic worker in Port Harcourt
Solutions: Building Inclusive & Equitable Workplaces
Addressing these multifaceted challenges requires a comprehensive approach:
- Strengthen Legal Protections
- Amend Existing Laws: Update the Labour Act to explicitly protect marginalised groups, including women with disabilities and LGBTQ+ individuals.
- Ensure Nationwide Adoption: Advocate for the VAPP Act’s adoption in all states to provide uniform protection against workplace harassment.
- Enhance Enforcement Mechanisms: Allocate resources to regulatory bodies to monitor compliance and address violations effectively.
- Hold Employers Accountable
- Implement Inclusive Policies: Encourage workplaces to adopt zero-tolerance policies for discrimination and provide necessary accommodations for disabled employees.
- Conduct Sensitivity Training: Educate employers and staff on the importance of diversity and inclusion.
- Establish Reporting Systems: Create safe and confidential channels for employees to report discrimination or harassment without fear of retaliation.
- Promote Economic Inclusion
- Extend Social Protections: Advocate for the inclusion of informal workers in social security schemes and labour protections.
- Enforce Anti-Discrimination Policies: Ensure that existing laws protecting individuals with HIV/AIDS are actively implemented in workplaces.
- Support Collective Bargaining: Empower women-led trade unions to negotiate for better wages and working conditions.
Conclusion: From Awareness to Action
Workplace discrimination in Nigeria is a complex issue that intersects with various aspects of identity, including disability, sexual orientation, and health status. To achieve true gender equality in the workplace, it is imperative to address these intersecting forms of discrimination through robust legal reforms, effective enforcement, and a cultural shift towards inclusivity.
What Can You Do?
- Advocate for Policy Changes: Support initiatives aimed at amending discriminatory laws and implementing inclusive policies.
- Raise Awareness: Engage in conversations and campaigns
Sources
New Security Beat, ‘Women with Disabilities in Nigeria’s Mining Industry: Discrimination and Opportunities’ (New Security Beat, 12 December 2022) https://www.newsecuritybeat.org/2022/12/women-disabilities-nigerias-mining-industry-discrimination-opportunities/ accessed 18 February 2025
The Initiative for Equal Rights (TIERs), ‘Hidden Identities: Workplace Experiences of LGBTQ+ Nigerians’ (Solidarity Center, 2022) https://www.solidaritycenter.org/wp-content/uploads/2021/11/Nigeria.GBVH-in-the-World-of-Work-Nigeria.10.2021.pdf accessed 18 February 2025
Solidarity Center, ‘Workplace Discrimination Against Women Living with HIV/AIDS in Nigeria’ (Solidarity Center, 2021) https://www.solidaritycenter.org/wp-content/uploads/2021/11/Nigeria.GBVH-in-the-World-of-Work-Nigeria.10.2021.pdf accessed 18 February 2025
African Journals Online (AJOL), ‘Challenges in Implementing the VAPP Act in Nigeria’ (AJOL, 2023) https://www.ajol.info/index.php/naujilj/article/view/257386/243117 accessed 18 February 2025
PricewaterhouseCoopers (PwC), ‘Bridging the Gender Pay Gap in Nigeria’s Workforce’ (PwC, 2021) https://www.pwc.com/ng/en/assets/pdf/gender-pay-gap-nigeria-2021.pdf accessed 18 February 2025
World Bank, ‘Gender Pay Gaps and Economic Inequality in Nigeria’ (World Bank, 2023) https://www.worldbank.org/en/topic/gender/publication/economic-inclusion-women-nigeria-2023 accessed 18 February 2025