Gender-based employment discrimination and its legal regulation

Abstract

Summary:

This research work analyzes a set of issues that are directly related to gender-based discrimination in the workplace. Specifically, it focuses on the analysis of the efficiency of national regulations in the prevention and punishment of discriminatory conduct that is motivated by gender and not only sexual, that is, a special distinction is made between the categories sex and gender from a scientific, theoretical, doctrinal and legal point of view. The international and national regulatory framework that regulates women's rights to equal employment opportunities, to the recognition of their rights in this regard, is analyzed, and the limitations that in the practical and daily order are presented as a limit to access to this guarantee are discussed. Despite all the arguments, the responsibility of the State to demand them and guarantee the rights of women and people who maintain a gender condition different from their natural sexuality, exists and is demonstrated by the fact that there is a situation of almost generalized discrimination based on gender in Ecuador, with a marked emphasis on the private workplace.