Discrimination in the Workplace

Discrimination in the workplace in India is addressed through various laws and regulations. It can take many forms, including discrimination based on caste, religion, gender, disability, sexual orientation, or other personal characteristics. Here’s a breakdown of the key aspects related to workplace discrimination in India:

Legal Framework:

1. Constitution of India:
   • Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
   • Article 16: Ensures equality of opportunity in matters of public employment.
2. The Equal Remuneration Act, 1976: Mandates equal pay for equal work, regardless of gender.
3. The Protection of Human Rights Act, 1993: Establishes the National Human Rights Commission (NHRC) to address human rights violations, including workplace discrimination.
4. The Disabilities Act, 1995: Protects the rights of people with disabilities and mandates non-discrimination in employment.
5. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): Provides a framework for addressing and preventing sexual harassment at the workplace and mandates the creation of internal complaints committees.
6. The Code on Industrial Relations, 2020: Consolidates various laws related to industrial relations and aims to streamline the resolution of employment disputes, including those related to discrimination.

Common Forms of Discrimination:

1. Gender Discrimination: Unequal treatment based on gender, including disparities in pay, opportunities, or promotion.
2. Caste Discrimination: Discriminatory practices based on caste, affecting hiring, promotions, and work environment.
3. Religious Discrimination: Bias based on religion affecting job opportunities, work conditions, or promotions.
4. Disability Discrimination: Exclusion or unequal treatment of employees with disabilities.
5. Age Discrimination: Unfair treatment based on age, affecting hiring and career advancement.
6. Sexual Harassment: Unwelcome sexual advances, inappropriate behavior, or remarks affecting the work environment.

Steps for Addressing Discrimination:

1. Internal Grievance Redressal:
   • Company Policies: Many companies have internal policies and committees (like POSH committees) to handle discrimination complaints. Employees should follow the internal grievance procedure.
2. Legal Recourse:
   • National Human Rights Commission (NHRC): Can be approached for serious human rights violations, including workplace discrimination.
   • Labour Courts and Tribunals: Employees can file complaints or lawsuits in appropriate labor courts or tribunals.
3. Documentation:
   • Record Evidence: Maintain detailed records of incidents, communications, and any related documents to support the complaint.
4. Seek Legal Advice:
   • Consulting with a lawyer who specializes in employment or discrimination law can provide guidance on the best approach.
5. Awareness and Training:
   • Workplace Training: Encouraging diversity and sensitivity training in the workplace can help prevent and address discriminatory practices.

Addressing workplace discrimination involves understanding your rights, using available mechanisms to report and resolve issues, and seeking legal or professional help if needed.