Employment Act 2007, Part II - General Principles, 5. (3) No employer shall discriminate directly or indirectly, against an employee or prospective employee or harass an employee or * prospective employee* -- (a) on grounds of race, colour, sex, language, * religion*, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status; Download Employment Act 2007<http://www.labour.go.ke/index.php?option=com_docman&task=doc_download&gid=1&Itemid=75>(PDF) On Tue, Jan 24, 2012 at 11:45 AM, Okechukwu <okechukwu@gmail.com> wrote:
May I refer all to the definition of discrimination. Discrimination can either be positive or negative and the biggest issue is that we all think of it as negative. If you have read a lot of South African labour laws then you will know what am talking about.
./Ok3ch
Sent from my iPad
On Jan 24, 2012, at 11:31 AM, John Ndambuki <johnmndambuki@gmail.com> wrote:
Hi All,
If I've understood the initial request correctly and the excerpt of the Constitution as posted by Joe, I think that the employer is not discriminating applicants for professing their alternative faith (or lack of it). They are simply choosing those with qualifications they require vis-à-vis those that lack the same. That is, they have not said, "do not apply because you are Hindu/Muslim/Atheist etc", they have just come out and said "we need a Christian for our (I assume Christian-based) organization.
Anyway, if someone has an issue regarding the request for applications, they can challenge the employer to explain why they have placed such a condition on the position. My assumption is that they are not merely seeking technical skills...
*Requirement*:
"An organization is seeking to hire for the mentioned entry level positions. The applicants must be of firm Christian Faith."
*Law*:
"A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person's belief or religion."
Kind Regards
John Ndambuki
On Tue, Jan 24, 2012 at 11:15 AM, Rad! <conradakunga@gmail.com> wrote:
If you replace Christian with Kalenjin, some people will also say that is common sense.
On Tuesday, January 24, 2012, Peter Osotsi <peter.osotsi@gmail.com> wrote:
I would not be comfortable employing a Moslem to update my Church website, or some "christian" to handle sensitive church matters they don't subscribe to. Its common sense. Thats why some of us remained in the NO camp because we were concerned about the numerous inconsistencies in the new constitution.
Peter
On Tue, Jan 24, 2012 at 10:14 AM, Rad! <conradakunga@gmail.com> wrote:
My question is simple.
We all know if that post said either of the following (and i repeat,
havinf no relevance to the job) there would be outrage
- Candidate must be a Muslim - Candidate be a Kikuyu - Candidate must be on ODM member - Candidate must be white
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