Taliban to be taken to ICJ for gender discrimination in a groundbreaking move

Meryl-Streep-and-Asila-Wardak

Important Takeaways:

  • The move announced at the UN general assembly is the first time the ICJ, based in The Hague, has been used by one country to take another to court over gender discrimination.
  • The case is being brought under the convention on the elimination of all forms of discrimination against women, which was adopted by the general assembly in 1979 and brought into force in 1981.
  • Afghanistan, prior to the 2021 Taliban takeover of the country, ratified the convention in 2003.
  • In the first legal move of this type since the Taliban took over, it is expected that Afghanistan would have six months to provide a response before the ICJ would hold a hearing and probably propose provisional measures.
  • Advocates of the course argue that even if the Taliban refuse to acknowledge the court’s authority, an ICJ ruling would have a deterrent effect on other states seeking to normalize diplomatic relations with the Taliban.
  • Last month, the Taliban published a new set of vice and virtue laws that said women must not leave the house without being fully covered and could not sing or raise their voices in public.
  • The countries involved in the litigation say they are willing to negotiate with the Taliban in good faith to end gender discrimination, but will, if the necessary stages prove fruitless, seek a hearing at the ICJ.

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Glass ceiling for female federal investigators: U.S. watchdog report

An FBI agent exits her car in Austin, Texas, U.S., March 12, 2018. REUTERS/Sergio Flores

By Sarah N. Lynch

WASHINGTON (Reuters) – Women are not getting hired or promoted at the same rate as men in the U.S. Justice Department’s top law enforcement arms, leaving many female employees feeling they face routine gender discrimination in the workplace, the department’s internal watchdog has found.

A report by Inspector General Michael Horowitz, issued on Tuesday, looked at gender equity issues across the FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.

The low number of women in the ranks and the lack of promotions compared to their male counterparts is a large factor behind a perception of inequality that many women in the agencies have, the report found.

In fiscal year 2016, for instance, women comprised only 16 percent of the criminal investigator population across all four law enforcement agencies, it said.

And of the women employed, many worked in human resources or other administrative roles, and few held top leadership positions.

While a majority of male employees surveyed believed the workplace treated men and women equitably, a minority of women – only 33 percent – believed this was the case.

“We find it concerning that 22 percent of all women and 43 percent of female criminal investigators reported to us in the survey that they had been discriminated against based on their gender,” the report said.

“Additionally, in almost all the interviews and female focus groups we conducted, women reported to us that they had experienced some type of gender discrimination.”

Despite the fact many women reported being passed over for promotions or experiencing gender-based discrimination, few decided to file a formal Equal Employment Opportunity complaint.

Many of the women surveyed said they were concerned that filing a complaint might trigger retaliation, create a negative stigma or else they did not have confidence in the process.

“Underreporting and ineffective handling of EEO claims undermines employee trust and confidence that components (agencies) will address discriminatory behavior,” the report concluded.

The report calls on the Justice Department to take steps to improve how it hires, recruits and retains female employees.

All of the four agencies concurred with the watchdog’s recommendations.

(Reporting by Sarah N. Lynch; Editing by Frances Kerry)

Microsoft women filed 238 discrimination and harassment complaints

The Microsoft logo is shown on the Microsoft Theatre in Los Angeles, California, U.S., June 13, 2017. REUTERS/Mike Blake/File Photo - RC177D20CF10

By Dan Levine

SAN FRANCISCO (Reuters) – Women at Microsoft Corp working in U.S.-based technical jobs filed 238 internal complaints about gender discrimination or sexual harassment between 2010 and 2016, according to court filings made public on Monday.

The figure was cited by plaintiffs suing Microsoft for systematically denying pay raises or promotions to women at the world’s largest software company. Microsoft denies it had any such policy.

The lawsuit, filed in Seattle federal court in 2015, is attracting wider attention after a series of powerful men have left or been fired from their jobs in entertainment, the media and politics for sexual misconduct.

Plaintiffs’ attorneys are pushing to proceed as a class action lawsuit, which could cover more than 8,000 women.

More details about Microsoft’s human resources practices were made public on Monday in legal filings submitted as part of that process.

The two sides are exchanging documents ahead of trial, which has not been scheduled.

Out of 118 gender discrimination complaints filed by women at Microsoft, only one was deemed “founded” by the company, according to the unsealed court filings.

Attorneys for the women described the number of complaints as “shocking” in the court filings, and said the response by Microsoft’s investigations team was “lackluster.”

Companies generally keep information about internal discrimination complaints private, making it unclear how the number of complaints at Microsoft compares to those at its competitors.

In a statement on Tuesday, Microsoft said it had a robust system to investigate concerns raised by its employees, and that it wanted them to speak up.

Microsoft budgets more than $55 million a year to promote diversity and inclusion, it said in court filings. The company had about 74,000 U.S. employees at the end of 2017.

Microsoft said the plaintiffs cannot cite one example of a pay or promotion problem in which Microsoft’s investigations team should have found a violation of company policy but did not.

U.S. District Judge James Robart has not yet ruled on the plaintiffs’ request for class action status.

A Reuters review of federal lawsuits filed between 2006 and 2016 revealed hundreds containing sexual harassment allegations where companies used common civil litigation tactics to keep potentially damning information under wraps.

Microsoft had argued that the number of womens’ human resources complaints should be secret because publicizing the outcomes could deter employees from reporting future abuses.

A court-appointed official found that scenario “far too remote a competitive or business harm” to justify keeping the information sealed.

(Reporting by Dan Levine; Additional reporting by Salvador Rodriguez; Editing by Bill Rigby, Edwina Gibbs and Bernadette Baum)