Workplace Discrimination in Nigeria: Legal Framework and Challenges in Enforcement
- Emmanuel Esiaba, Ph.D.1; Kalu Ogbu Kalu2
- DOI: 10.5281/zenodo.16779165
- ISA Journal of Arts, Humanities and Social Sciences (ISAJAHSS)
Workplace discrimination continues to be an issue in Nigeria owing to inadequate and inconsistent legal and institutional frameworks to protect against discrimination based on gender, ethnicity, religion, disability or age. The 1999 Constitution and Labour Act, 2004 provide a basis for workplace equality; however, relevant legislation is obsolete and difficult to enforce and the governing bodies responsible for adjudicating employers’ actions are fragile. Also, the socio-cultural environment of Nigeria is filled with discrimination and inequality, and workers remain mostly unaware or unwilling to use available mechanisms to file complaints. This article reviews the complex nature of workplace discrimination, distinguishing between direct discrimination, indirect discrimination, harassment, and victimization in the context of workplaces in Nigerian labour law. Additionally, this article utilizes human rights theories to frame the trajectory of workplace discrimination, demonstrating why it persists today. By examining relevant jurisdictions like South Africa and the United Kingdom, it is clear that Nigeria’s legal and institutional approach lacks a comprehensive framework to adequately enforce labour laws and human rights theory. This paper examines South Africa’s Employment Equity Act and the UK Equality Act to see how specialized tribunals, legislatively defined purposeful definitions, and significant controls can act as deterrence towards workplace discrimination versus the National Policy on Labour and the Discrimination Against Persons with Disabilities (Prohibition) Act in Nigeria. Firstly, enforcement in Nigeria is languishing because of low productivity with the judiciary, as well as weak royal patronage on account of persistent patriarchal and ethnic biases, and a general lack of a preferred anti-discrimination law. To fill these gaps, it advocates for legislative reform by establishing a standalone Anti-Discrimination Act, strengthening the institution of the National Industrial Court, establishing a dedicated Workplace Discrimination Tribunal, establishing voluntary diversity policies in organizations, taking action to strengthen whistleblower protections, and launching public education programs. Nigeria can create inclusive, rights-based workplaces and promote transformative national development based on equity and labour justice as it learns from international best practice.