Fatima, a talented marketing executive, had worked at a leading Nigerian firm for three years.
She consistently received positive performance reviews and was well-liked by colleagues.
However, after gaining weight due to health issues, Fatima noticed a change in her workplace dynamics.
Her manager began making snide comments about her appearance, and she was suddenly passed over for promotions.
When she confronted her manager, she was told that her “image” no longer fit the company’s “brand.”
Feeling humiliated and discriminated against, Fatima sought legal counsel and discovered that Nigerian law, although not explicitly addressing body size or weight, offers protections against discrimination.
The 1999 Nigerian Constitution, Section 42(1) & (2), prohibits discrimination based on:
– Place of origin
– Sex
– Religion
– Status
– Ethnic or linguistic group
While body size or weight isn’t explicitly mentioned, Section 42(1) states: “A person shall not be discriminated against on the basis of… or any other circumstance which places him at a disadvantage.”
The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by Nigeria in 1985, prohibits discrimination against women, including on the basis of physical characteristics.
Nigeria’s Labour Act (2004) prohibits termination of employment without just cause (Section 11).
Discrimination based on physical characteristics may be considered unjust.
The employee scenarios like this may:
1. File a complaint with the National Human Rights Commission (NHRC)
2. Seek redress at the National Industrial Court (NIC)
Some countries have laws protecting against weight-based discrimination:
– US: Michigan’s Elliot-Larsen Civil Rights Act
– UK: Equality Act 2010 (includes protection against harassment related to physical appearance)
– Australia: Fair Work Act 2009 (prohibits adverse treatment due to physical characteristics)
Fatima’s incident highlights the need for:
1. Education on diversity, equity, and inclusion
2. Policies promoting workplace inclusivity
3. Protection against body shaming and stigma
Let’s promote body positivity, diversity, equity, and inclusion in Nigerian workplaces.
