MATERNAL HARASSMENT IN THE NIGERIAN WORKPLACE: AN APPRAISAL OF THE ADEQUACY OF THE LABOUR ACT, 2004

Maternal harassment has emerged as a subtle but pervasive form of workplace discrimination directed at women because of pregnancy, childbirth, breastfeeding or other maternal obligations. This article examines the adequacy of the Labour Act 2004, Nigeria's principal employment legislation, in protecting pregnant employees and nursing mothers against such conduct. Drawing on Nigerian case law, comparative material from South Africa and the United Kingdom, and international labour standards, the article demonstrates that section 54 of the Labour Act — the only provision addressing maternity — is confined to leave, remuneration and a narrow dismissal protection, without defining or prohibiting maternal harassment as a distinct wrong. It further identifies the principal obstacles to enforcement: an inadequate legislative framework, entrenched cultural stereotypes, low awareness of legal rights, judicial and administrative bottlenecks, and the prevalence of informal employment. The article contrasts this position with South Africa's Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace and the United Kingdom's Equality Act 2010, both of which treat pregnancy discrimination as a distinct, expressly prohibited wrong and impose positive obligations on employers to prevent it. The article concludes that Nigeria should amend the Labour Act to define and prohibit maternal harassment, impose preventive obligations on employers, and strengthen enforcement institutions.