Bus Law Employment Discrimination in Workplace
Bus Law Employment Discrimination in Workplace
Bus Law Employment Discrimination in Workplace
In neoclassical economics theory, labor market discrimination is defined as the different treatment of two equally qualified individuals on account of their gender, race, age disability and Religion etc. Discrimination is harmful since it affects the economic outcomes of equally productive workers directly and indirectly through feedback effects. Darity and Mason [1998] summarize that the standard approach used in identifying employment discrimination is to isolate group productivity differences (education, work experience). A difference in outcomes (such as earnings, job placement) that cannot be attributed to worker qualifications is attributed to discriminatory treatment. In the non-neoclassical view, discrimination is the main source of inequality in the labor market and it is seen in the persistent gender and racial earnings disparity in the U.S. Non-neoclassical economists defines discrimination more broadly than neoclassical economists. For example, the feminist economist Deborah Figart [1997] defines labor market discrimination as a multidimensional interaction of economic, social, political, and cultural forces in both the workplace and the family, resulting in different outcomes involving pay, employment, and status. Although labor market inequalities have declined after the U.S. Civil Rights Act of 1964, the movement towards equality has slowed down after mid-1970s, especially more in gender terms than racial terms. The key issue in the debate on employment discrimination is the persistence of discrimination, namely, why discrimination persists in a capitalist economy.
in voting rights, housing, credit extension, public education, and access to public facilities. State laws also provide further protection against discrimination. The term discrimination is also used to refer to the effect of state laws that favor local interests over out-of-state interests. However such a discriminatory state law may still be upheld if it is narrowly tailored to achieve an important state interest. The Equal Opportunity Employment Commission (EEOC) interprets and enforces the Equal Payment Act, Age Discrimination in Employment Act, Title VII, Americans With Disabilities Act, and sections of the Rehabilitation Act. The Commission was established by Title VII. Its enforcement provisions are contained in section 2000e-5 of Title 42, and its regulations and guidelines are contained in Title 29 of the Code of Federal Regulations, part 1614. State statutes also provide extensive protection from employment discrimination. Some laws extend similar protection as provided by the federal acts to employers who are not covered by those statutes. Other statutes provide protection to groups not covered by the federal acts.
amend. XIV. In the employment context, the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex). Due process protection requires that employees receive a fair process before the termination if the termination relates to a "liberty" (such as the right to free speech) or property interest. State constitutions may also afford protection from employment discrimination. The Constitution does not directly constrain discrimination in the private sector, but the private sector has become subject to a growing body of federal and state statutes.
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. The prohibited practices closely parallel those outlined in Title 7 and protect employees over the age of 40 from discrimination. The ADEA contains explicit guidelines for benefit, pension, and retirement plans. During the 2007-2008 terms, the U.S. Supreme Court clarified the statute in three distinct areas.
manage these processes with sensitivity, but they should not avoid their responsibility to provide full and frank feedback to staff.
References
U.S. Department of Labor LII resources: employment discrimination Workplace Discrimination and Harassment Law Cornell Education Summaries of Agency and Court Decisions Under the Wisconsin Fair Employment Act U.S. Constitution and Federal Statutes 42 U.S.C. 1981, 1981a, 1983, 1988 - Nineteenth Century Civil Rights Acts 42 U.S.C. Chapter 21 - Civil Rights Act of 1964 29 U.S.C. 206 - Equal Pay Act of 1963 42 U.S.C. Chapter 126 - Americans with Disabilities Act of 1990 29 U.S.C. 621 - 634 - The Age Discrimination in Employment Act 30 U.S.C. 938 - The Black Lung Act 29 U.S.C. 791, 793, 794(a) - The Rehabilitation Act
other family members), and you cannot help but provide a three-month (may be six months) maternity leave with pay when situation arises. However, the situation is changing and will keep changing. Many entrepreneurs have faced the truth that without women their organization is not complete, as the female comprise half of the total population and also have comparable if not superior skills and potentials to serve their organizations. So nowadays women are walking shoulder to shoulder with men and also contributing to the growth of the economy. Now many women are placed in higher positions and some of them are doing better than men. Not only that women are also serving those sectors where physical stamina is the priority, such as female traffic police personnel (though quite hard to find them on the streets but there are some).
doesnt prohibit simple teasing, offhand comments, or isolated incidents that arent very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts). When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.
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By recognizing class and its workings, we also have to recognize our own role in the perpetuation of the system itself. How do we carry our privileges? Who might be hurt because of them? And how do we help our society face yet another "ism?
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REPONDENTS SEX
Male 38%
Female 62%
2. Age Group: Here, the most number of age group is 18-30. As the newly employed employees are more likely interested on the survey.
[PERCENTAGE] [PERCENTAGE]
18-30
31-40
41-60
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3. Job Sector: most of the cases, people are heading towards the Banking and engineering sector to choose as their working sector. There are also Human Resource and marketing sectors which are mostly preferred.
4. Racial Discrimination: The racial discrimination comes when there are whites, Asians, black races towards people. Moreover most people are not in support of the racisms but it becomes more violent in the European countries.
What is the reason (basis) for your claim of employment discrimination- RACE?
18 16 14 12 10 8 6 4 2 0 White Asian Black N/A Others
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5. Color Discrimination: Here the skin color is mostly reason for what the workplace faces the color discrimination. Most of the cases, dark skinned employees are always neglected then the light color.
What is the reason (basis) for your claim of employment discrimination- COLOR?
25 20 15 10 5 0 Dark Skinned Light Skinned N/A Others
6. Origin Discrinimation: When there is a priority basis on the district, it becomes the origin discrimination. If the CEO of an organization is from Barisal, he will be in priority to choose the native employee.
What is the reason (basis) for your claim of employment discrimination- ORIGIN?
25 20 15 10 5 0 Bangladeshi N/A Others Priority on the basis of district
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7. Marital discrimination: For the female worker, the marital status sometimes create a discrimination. An unmarried female worker are more prefrred then a married worker. Other statuses ae given as an option.
What is the reason (basis) for your claim of employment discrimination- MARITAL STATUS?
25 20 15 10 5 0 N/A Married Unmarried Divorced Widow
8. Sexual Discrimination: here fmale workers are again sexually discriminated. They faces the pressure more then the male workers. Transgender here had a minimal pressure in the work place.
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9. Age Discrimination: Age has the discrimination at the level of experiences and knowledge. As the below 40 aged employees are well knowledgeable and they have the more knowledge over recent changes.
10. Education Discrimination: In workplace, bangla medium education are not appriciable. They are given less forecasts in selection of a employee. Here english medium background are given priority.
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11. Religion Discrimination: Religious view are sometime has the discrimination on the religious cultured institutions. For example Islami Bank recruit only muslim workers.
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4.1 Success story of diminishing wage gap by a collective force in Nilphamari, Bangladesh:
To address this structural gender bias in the agriculture sector, Pathways project staff and the Empowerment through Knowledge and Transformative Action group (EKATA) volunteers facilitated a participatory analysis on fair wage aiming to motivate the land owners and local elites to reduce the wage gap.
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The meetings brought together all levels of the communities, including representatives of local government, government line departments, land owners in that locality, men and women day laborers, natural leaders, EKATA volunteers, and representative of local non-governmental organizations and CARE staff. On average, 500 ward-level and 2,000 union-level participants attended these events. The EKATA volunteers and representatives publicly presented their analysis of the discrimination in wages; Presently, men and women are working together in the crops field as a team. Landowners are showing a more positive attitude to the women day laborers, and women day laborers are getting equal wages at end of each day without having to request it, and without being harassed as had previously been the case. Recognizing the different needs of female workers, the landowners have even created a space for the women who are breastfeeding and are allowing women to breastfeed their children in the working time.
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On the basis of Constitution we have tried to identify the effectiveness as well as implementation of those acts in our country. We have asked our respondents open ended question and close ended question regarding few factors. We tried to know about discrepancies they have seen as well as confronted. The following result we have found is very interesting.
20 40
80 60
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Knowing the situation of the country 70% despondence said that there is no effectiveness of Government policies and 30% said yes.
Male-female labor composition in 21.8 the total unpaid family labor Male-female labor composition of 12.5 the formal sector employment Male-female labor composition of 87.5 the formal sector employment
14.6
7.7
85.5
92.3
This statistics shows that there is less opportunities of employment for women that clearly indicates the gender discrimination in employment.
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Most contributing factor/s in gender bias and discrimination in employment and at workplace (%) in Bangladesh Socio-economic factor Family culture Religious restrictions/ values 60-65% 70-75% 65% Acceptance of biasness in the society 75-90% 40% Others
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In Bangladesh, the socio-economic factor that is one of the major factor and gender bias and discrimination is workplace describe the real situation of the workplace. Though according to the constitution, equal opportunities should be created in public employment, but in the real picture it is not the same the way it should be. According to our survey female employees mostly think that our society has the culture of accepting biasness and gender discrimination. Almost 31% women believe it to be the most contributing factor in this regard. At the second highest remains the individual family culture. It would not be aggravating to say that the parental way of teaching children the biological and psychological differences between a girl and a boy in our country offers a discriminatory attitude growing from childhood which in the course of time turns into a belief at adulthood. As a result, most adult males have the confidence that they would be preferred in the labor market rather than the females. On the other hand, the females intending to enter the job market, give too much thoughts. Religious values and restrictions and socio-economic factors are found to contribute almost to the same extent which is 60-65%. As a real life example the respondents said that in Bangladesh, Islami bank offers job to the students from madrasa background than any other background. Among the other causes of gender bias and discrimination, we found that the atmosphere surrounding the workplace is a major factor. If the superior authority and the immediate
Most contributing factor/s in gender bias and discrimination in employment and at workplace (%) in Bangladesh
31% 23%
24% 22%
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colleagues do not cooperate to keep a discrimination-free environment, the female employees cannot fight alone for a long time. Now we would like to discuss on the employment discrimination of Philippines.
Most contributing factor/s in gender bias and discrimination in employment and at workplace (%) in Philippines
20% 27%
21%
32%
Most contributing factor/s in gender bias and discrimination in employment and at workplace (%) in Philippines Socio-economic factor Family culture Religious Acceptance of Others
80-85%
75-80%
55%
60-65%
30%
The family culture of Philippines shows a different pictures than Bangladesh. In Philippines, women are more encouraged in every working place. They got chance in maximum field of workplace with minimum discrimination of gender, race, wages etc. But the big problem comes when the issue comes on the higher positions of the companies they strictly maintain the gender discrimination. They never gives the higher position to women. The higher level authority is
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maximum time dominated by men. Here around 32% respondents believe that it is the major dominating factor for the gender bias and discrimination in workplace.
Some employment laws exist in the Philippines. However employees and job applicants are openly discriminated and abused on the grounds of sex, age, appearance, background, educational achievements, race, wages, illegal sackings, employer tolerance of bullying in the workplace, little or no work benefits, anti-union practices, no staff supervision, no staff appraisals, threats of poorer no references etc. And its big name and small Companies that are equally quality of such employee abuses. Examples -specifying gender preferences in adverts, specifying age brackets, demanding photos on applicants, staff being sacked for no reason on the day and without wages or commission. Here the statistics shows Almost 27%respondent believe it to be the most contributing factor in this regard.
Perception of religious discrimination within certain groups vary, the tanenbaum report said, with 66 percent of Muslims saying Muslims face discrimination and 55 percent of atheists saying atheists face bias. But the report found religious, racial and other minorities arent the only workers who see themselves as victims of discrimination. Some 40 percent of white evangelical Christians said they face a lot of discrimination. And 59 percent of evangelical say discrimination against other religious groups. Here we found that 21% respondents believe that it is an important factor in this regard. And acceptance of biasness in the society is 20% in gender bias and discrimination in workplace.
References
The Daily Star on March 8, 2010, p.18, 19, 23 The Daily Star on February 19, 2010, p. 14 The Star, A weekly publication of The Daily Star on March 5, 2010, p. 9
International: UN Charter (Art. 1, 8, 13, 55, 76) Universal Declaration of Human Rights (Art. 2)
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International Covenant on Civil and Political Rights (Art. 2.1, 2.2, 17.1, 26) Convention on The Elimination of All Forms of Discrimination Against Women (Art.2, 3, 4, 11, 14, 17, 21) International Covenant on Economic, Social and Cultural Rights (Art. 7) The ILO Convention (Art. 2) The UNESCO Convention (Art. 1, 4) Domestic: Constitution (Art. 29) IDSN briefing note;2012 Links: http://idsn.org/fileadmin/user_folder/pdf/New_files/Bangladesh/Bangladesh_briefing_not e_2012.pdf http://www.asaub.edu.bd/data/asaubreview/v4n2sl13.pdf http://wwwwds.worldbank.org/servlet/WDSContentServer/IW3P/IB/1999/09/20/000178830_981019 11035773/Rendered/PDF/multi_page.pdf http://www.deseretnews.com/article/865585613/Religious-discrimination-in-theworkplace-increases-with-diversity.html?pg=all http://www.carepathwaystoempowerment.org/equal-pay-women-workers-fair-wagecampaign-bangladesh-case-study/ https://www.youtube.com/watch?v=YNsBCtwQ5dI
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During the period 1999-2000 to 2004-05, the latest period for which large sample survey results are available, there seems to be a stalling of this trend. For rural men, the figure has not declined while for women, it has gone up both in rural and urban areas. The increase has been large enough to restore back the levels of 1993-94. There is slight decline in the rate in the year 2005-06 as per the thin sample results (all other figures in the table are based on large sample) but that, if not due to sampling error, reflects that the employment generated in the growth process is not sustainable in the long run. It may also be pointed out that only a small part of the total women employment is in the formal labour market. Close to half of the rural women
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workers are helpers or unpaid workers in family run enterprises. Among urban women, this figure is close to one quarter. WPR by usual status has gone down for men both in rural and urban areas during the decade 1993-2004 implying that employment has grown at a pace less than that of population in most age groups over the entire decade. Only, the decrease in the WPR in the age group 15-19 could possibly be attributed to larger number of boys and girls going to colleges and universities (Table 4). The decline has been considered all the more surprising since the economy has registered reasonably high growth in income. As a result, scholars have argued that Indian economy is experiencing some sort of jobless growth. The decline in WPR as also growth rate of employment is dramatic particularly during 1993-99 in all age groups. Understandably, planners and policy makers got very alarmed and launched Constitutional and administrative measures for employment generation within or outside the macro level growth strategy, resulting in passing of National Rural Employment Guarantee Act and launching of a scheme guaranteeing 100 days of work to every rural household in a year. Furthermore, employment generation entered the political agenda of the government and most political parties in the country. A departure from this trend during 1999-2004 has been noted from the data from the 61st round of NSS. The changed employment scenario has been welcomed by one and all as it is argued that the decelerating trend in employment growth particularly that of the nineties, often attributed to the programmes of structural reform, has finally been stalled. The systematic decline in WPR among children (in the age group of 5-19) during the entire period 1993-04 reflects spread of primary education. Understandably, more and more children are attending schools. The decline, however, is sharper in rural compared to urban areas, both for boys and girls. Possibly, it is the employment opportunities opening up within the household sector and various informal activities within urban economy which is responsible for this lower decline in WPR. The increase in WPR in the age group of 20-24 (by usual principal status) for urban male is surprising as one expects this to fall due to boys going to colleges and other higher institutions of learning. This unfortunately has not happened as they have been drawn into employment in the urban informal sector (Table 4). The overview of the trends by weekly and daily status strengthens many of the above conclusions, although, one gets a relatively more gratifying picture of the labour market. The growth rates in employment work out as much higher than by usual status during the entire decade. No category reports a decline in 15-59 age group during 1999-04 (Table 3). The WPR for women by weekly status has gone up above that of 1993-94
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both in rural and urban areas. This is the case for men as well but only in urban areas. Further, there is no decline in the male employment rate by daily status in rural or urban areas, opposite to what is noted by usual status. For women, the increases in WPR by both weekly and daily status are somewhat sharper than by usual status, both in rural and urban areas. Percentage of workers by usual (principal) status
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This survey which provides the data base for this paper was financed by a grant (RF71078, allocation no. 16) from the Rockefeller Foundation, and was conducted by the first author when he was visiting the Institute of Economic Growth, Delhi, during 197476. The paper was completed at the Institute of Economics and Statistics, Oxford, before he moved to the International Monetary Fund. the legit model.
We are grateful to Gordon Hughes for this help with the estimation of the logit model. We acknowledge the assistance of a referee; but we alone are responsible for the views expressed.
8.3 Urban and rural labour markets and the impact of migration on poverty
Given the wide gaps between the earnings in rural and urban labour markets, one can hypothesize that migration would be an instrument of improving economic wellbeing and escaping poverty. A cross classification of migration data9 across consumption expenditure categories reveals that at the macro level, economic deprivation is not the critical factor in migration decisions of men (women migration being determined largely by socio-cultural factors), both in rural and urban areas. The migration rate tends to behigh in the category reporting the highest monthly per capita expenditure (MPCE), which goes down systematically, both in rural and urban areas. Importantly, a similar pattern emerges in case of seasonal or short duration migrants; those who have gone to any other place for 60 days or more during the last six months from the date of survey and returned back, in urban areas.10 This contradicts the proposition that short duration mobility is very high among the poor when compared to middle and upper class households. A segment of the migrants are indeed those who adopt coping strategies for livelihood and survival by shifting to other places in lean seasons. However, if this was a major factor, there would be a negative association between the percentages of seasonal migrants with the level of consumption expenditure. One would stipulate that a large segment of the short duration movement is due to factors like periodic transfer of regular workers, temporary posting of marketing and extension workers etc. All these suggest that even this channel of short term migration in urban areas is being utilized largely by relatively well off sections. Indeed,
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both poor and rich households report migration, although the reasons for sending out their family members and the nature of jobs sought by them are different.
There is significant variation in the percentage of migrants across educational categories when all urban centres are taken together. The percentage figure goes up from 32% for the illiterates to 44% for the graduates. In case of seasonal migrants, however, the differences are not very significant. Immigrants are about a third of the total illiterate population in all size class of urban centres. The figure is similar in case higher educational categories in large cities. However, in case of medium and small towns, incidence of migrants is much higher for people with secondary or higher levels of education. These towns report about 50% of their graduates to be in-migrants, as opposed to the figure of 34% for million plus cities.One may argue that educated persons in rural areas and small towns shift to medium sized urban areas in search of employment. The large cities, on the other hand, recruit the educated manpower more from among the city dwellers. Their dependence for illiterate manpower is, however, similar to that of other size class of urban settlements. Percentage of migrants to total population in different size class of urban centres classified by their levels of education in 1999-2000
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The existing legislated and occupational benefit plans presently enjoyed by the organised sector workers are under an urgent need for overhaul. These benefits need to be extended to entire labour force through a time bound program. This has become extremely important because of the declining role of joint family and other traditional arrangements for taking care of old and ailing persons, increasing number of 41 small nuclear families and working spouses. Also, there has to be an old age and contingency pension and health/medical care as the percentage of aged would go up over the years. The overhaul of the system should mean bringing down the contributions
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of the workers and employers in small enterprises, including the self employed, within the level of affordability. The minimum core social security component needs to be defined modestly and be made mandatory to all. It could include only an indexed minimum pension for old age, disability and medical security and may not permit withdrawal for various social reasons. This must enjoy full governmental support, including payment of instalments during periods of unemployment/ailment and protecting the minimum pension amount indexed to price rise etc. so as to enable the workers in the lowest economic strata to remain covered. Contingency pensions must recognize needs of the disabled individual and/or dependent family members. Workers at higher levels of income can have additional plans, besides the mandatory one, on a voluntary basis.
9.0 Observations:
9.1 Observations of Rural and Urban Scenario:
Percentage of workers by usual (principal) status Percentage of workers in 1559 age-group by Usual, Weekly and Daily Status Employment and unemployment scenario
Employment trends in recent decades, as observed through National Sample Survey (NSS) data have evoked mixed reactions among policy makers and researchers. The workforce participation rates (WPRs) by usual (principal) status13 in the 15-59 age group have gone down systematically for all categories (males and females, in rural and urban areas) since late seventies to the end of the last century (In Table 3).
9.2 Suggestions:
It may also be pointed out that only a small part of the total women employment is in the formal labour market. Close to half of the rural women workers are helpers or unpaid workers in family run enterprises. Among urban women, this figure is close to one quarter.Policy makers got very alarmed and launched Constitutional and administrative measures for employment generation within or outside the macro level growth strategy, resulting in passing of National Rural Employment Guarantee Act and launching of a scheme guaranteeing 100 days of work to every
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rural household in a year. Furthermore, employment generation entered the political agenda of the government and most political parties in the country. As these has to be followed for betterment of Urban people.
Given the wide gaps between the earnings in rural and urban labour markets, one can hypothesize that migration would be an instrument of improving economic wellbeing and escaping poverty. A cross classification of migration data9 across consumption
Conclusion:
The existing legislated and occupational benefit plans presently enjoyed by the organised sector workers are under an urgent need for overhaul. These benefits need to be extended to entire labour force through a time bound program. This has become extremely important because of the declining role of joint family and other traditional arrangements for taking care of old and ailing persons, increasing number of 41 small nuclear families and working spouses. Also, there has to be an old age and contingency pension and health/medical care as the percentage of aged would
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go up over the years. The overhaul of the system should mean bringing down the contributions of the workers and employers in small enterprises, including the self-employed, within the level of affordability. The minimum core social security component needs to be defined modestly and be made mandatory to all. It could include only an indexed minimum pension for old age, disability and medical security and may not permit withdrawal for various social reasons. This must enjoy full governmental support, including payment of instalments during periods of unemployment/ailment and protecting the minimum pension amount indexed to price rise etc.
References:
www.asaub.edu.bd siteresources.worldbank.org/SOUTHASIAEXT/Resources unctad.org/en/Docs dspace.bracu.ac.bd http://www.jstor.org http://www.indexmundi.com/g/g.aspx?c=bg&v=74 www.scribd.com www.academia.edu www.ghior.com
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