WORKPLACE DISCRIMINATION LAWS AND EMPLOYEE RIGHTS

ABSTRACT

Workplace discrimination remains a significant challenge across sectors in India, despite the presence of constitutional guarantees and a comprehensive legislative framework. Various forms of discrimination—based on gender, caste, religion, disability, age, and sexual orientation—continue to hinder equal access to opportunities and fair treatment in employment. Constitutional provisions such as Articles 14, 15, and 16 lay the foundation for equality, while statutes like the POSH Act, Equal Remuneration provisions, and the Rights of Persons with Disabilities Act offer targeted protections. Judicial pronouncements have further reinforced these rights. Nevertheless, implementation gaps, societal biases, and lack of awareness impede the realization of truly inclusive work environments. Strengthening enforcement mechanisms and fostering a culture of diversity and inclusion remain essential to bridging the gap between legal standards and workplace realities.

KEYWORDS: Workplace Discrimination – Employee Rights – Equality Before Law – Safe work environment – Legal Rights of employees – Legal protection for employee.

INTRODUCTION

Workplaces serve as crucial arenas where social values such as fairness, meritocracy, and inclusivity should be upheld. In India’s complex socio-cultural landscape, however, instances of discrimination based on gender, caste, religion, disability, and sexual orientation continue to undermine the principles of equality and dignity. The Indian Constitution enshrines the right to equality and prohibits discrimination, supported by a framework of legislative protections aimed at safeguarding employee rights. Legal interventions such as the Equal Remuneration provisions, protections under the POSH Act, and anti-discrimination measures for marginalized communities aim to address systemic bias and create equitable workspaces. Despite these efforts, workplace discrimination remains prevalent due to ingrained social prejudices and weak enforcement mechanisms. Addressing these challenges requires a holistic approach that combines legal compliance with organizational and cultural change.

WORKPLACE DISCRIMINATION

Workplace discrimination refers to unfair or unequal treatment of employees or job applicants based on characteristics unrelated to job performance or qualifications. It includes both direct and indirect forms of discrimination, where individuals may be treated differently due to gender, caste, religion, race, ethnicity, age, disability, sexual orientation, marital status, or socio-economic background. Discrimination may occur at various stages of employment—recruitment, hiring, training, promotion, remuneration, performance evaluation, transfer, and even termination. It may manifest overtly, such as a refusal to hire someone because of their identity, or covertly, like creating a hostile work environment or excluding certain groups from opportunities for growth and development.

TYPES OF WORKPLACE DISCRIMINATION

1. Gender Discrimination

• Unequal pay for equal work.
• Denial of promotions or leadership roles to women.
• Stereotyping women in certain roles (e.g., caregiving or clerical tasks).
• Sexual harassment and hostile work environments.

2. Caste-based Discrimination

Unique to India’s social structure, caste discrimination continues to affect individuals from Scheduled Castes and Scheduled Tribes in hiring, work assignments, and treatment by superiors or colleagues. Despite constitutional guarantees, subtle and institutionalized forms of caste bias persist in both public and private employment.

3. Religious Discrimination

Employees or applicants may face exclusion, mockery, or denial of rights based on their religion. This includes forced assimilation, non-accommodation of religious practices (such as prayer times or dress codes), and stereotyping.

4. Disability Discrimination

Persons with disabilities often face barriers in physical access, lack of reasonable accommodation, and biased attitudes from employers. Many organizations are reluctant to hire individuals with disabilities due to perceived inefficiency or cost, despite legal mandates.

1. Age Discrimination

Employees over a certain age may be denied training, leadership roles, or may be forced into retirement. Ageism is also evident in the hiring process, where younger candidates are preferred regardless of the qualifications or experience of older candidates.

1. Marital and Pregnancy Discrimination

Women may be discriminated against due to their marital status or the possibility of pregnancy. Maternity benefits are sometimes denied, and women are frequently subjected to subtle pressures to resign or take leave during or after childbirth.

FORMS OF DISCRIMINATION

• Discrimination: Where an individual is treated less favorably than others based on a protected characteristic. Example: Denying promotion to a woman due to her gender.
• Indirect Discrimination: Where a seemingly neutral policy disproportionately disadvantages a group. Example: Imposing uniform rules that do not accommodate religious attire.
• Harassment: Offensive, degrading, or intimidating behavior related to a protected characteristic. Example: Making derogatory jokes about someone’s caste or sexual orientation.
• Victimization: Retaliating against an employee for complaining about discrimination or supporting someone else’s complaint.

CONSTITUTIONAL PROVISIONS

The Constitution of India guarantees fundamental rights that form the backbone of anti-discrimination laws in the workplace. These rights are enforceable against the State and, in some instances, extend to private employers.

1. ARTICLE 14 – EQUALITY BEFORE THE LAW

This article provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”This ensures:

• Equal treatment of all individuals, regardless of status.
• Protection against arbitrary discrimination.
• A foundation for challenging workplace policies that are unreasonable or discriminatory.

2. ARTICLE 15 – PROHIBITION OF DISCRIMINATION

• Article 15(1) states that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”
• Articles 15(3) and 15(4) empower the State to make special provisions for women, children, and socially or educationally backward classes to correct historical injustices — an essential foundation for affirmative action in employment.

3. ARTICLE 16 – EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT

• Articles 16(1) and 16(2) guarantee equal opportunity in public employment and prohibit discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence.It directly applies to recruitment, promotions, and service conditions in government jobs.
• Article 16(4) allows for reservation in favor of backward classes, ensuring representation and inclusivity in public sector jobs.

4. ARTICLE 21 – RIGHT TO LIFE AND PERSONAL LIBERTY

• Recognized by the Supreme Court as including the right to live with dignity, this Article has been interpreted to encompass protection against workplace harassment, hostile environments, and inhumane treatment.

5. ARTICLE 19(1)(G) – RIGHT TO PRACTICE ANY PROFESSION

• While this article guarantees freedom of profession, it also implies a right to work in an environment free from arbitrary discrimination and harassment.

LAWS RELATING TO WORKPLACE:

1. EQUAL REMUNERATION ACT, 1976 (NOW PART OF THE CODE ON WAGES, 2019)

Objectives:

The primary objective of the Equal Remuneration Act was to ensure that men and women are paid equally for performing the same or similar work. It sought to eliminate gender-based wage disparities and foster a culture of fairness in remuneration practices across various sectors.

Key Provisions:

The Act mandated that employers shall not pay unequal remuneration to men and women workers for the same work or work of a similar nature. It also prohibited discrimination against women in matters of recruitment, promotions, and training. Although repealed, its core principles are retained in the Code on Wages, 2019, which continues to emphasize non-discrimination in wage payment on the basis of gender.

2. THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

Objectives:

This Act was enacted to protect women from sexual harassment at the workplace and to ensure that they can work in a safe and dignified environment. It was born out of the judicial guidelines laid down in the Vishaka case.

Key Provisions:

The Act defines sexual harassment broadly, including unwelcome acts such as physical contact, advances, demands or requests for sexual favors, sexually colored remarks, and any other unwelcome verbal, non-verbal, or physical conduct of a sexual nature. It mandates the establishment of an Internal Complaints Committee (ICC) in every organization with more than 10 employees. The Act lays down procedures for filing complaints, conducting inquiries, and taking disciplinary action. It places an obligation on employers to organize awareness programs and ensure a safe working environment.

3. THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

Objectives:

The purpose of this legislation is to protect the rights and dignity of persons with disabilities and ensure their full participation in society, including the workforce. It aims to create equal opportunities in education, employment, and accessibility.

Key Provisions:

The Act prohibits discrimination against persons with disabilities in all areas of life, including employment. It requires both public and private sector employers to frame equal opportunity policies, identify posts suitable for persons with disabilities, and ensure reasonable accommodation. It also provides for the reservation of jobs in government establishments and includes a grievance redressal mechanism for complaints related to discrimination.

4. THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019

Objectives:

This Act aims to eliminate discrimination against transgender persons and protect their rights in various spheres including education, healthcare, and employment.

Key Provisions:

The Act prohibits discrimination against transgender individuals in employment, including in recruitment, promotion, and termination. It requires establishments to designate a complaint officer to deal with grievances, and mandates inclusive workplace policies. The Act also recognizes the right of transgender persons to self-perceived gender identity and provides for a certificate of identity.

5. THE CODE ON WAGES, 2019

Objectives:

The Code consolidates four major labor laws related to wages and aims to simplify and standardize wage regulation across sectors. One of its objectives is to promote equality in wage payment and remove discrimination in compensation practices.

Key Provisions:

The Code prohibits gender-based discrimination in matters of wages and recruitment. It provides for a universal minimum wage for all employees and ensures timely payment. The Code also empowers the government to fix floor wages and mandates equal remuneration for all employees performing similar work regardless of gender.

6. THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

Objectives:

While this Act is not limited to employment settings, one of its objectives is to prevent discrimination and atrocities against members of Scheduled Castes and Scheduled Tribes, including within workplaces.

Key Provisions:

The Act criminalizes acts that insult, intimidate, or humiliate individuals based on caste. In the workplace context, this can include denying promotions, using derogatory language, or creating a hostile work environment. The Act serves as a strong deterrent against caste-based discrimination in professional settings.

CASE STUDY

1. Vishaka v. State of Rajasthan (1997) 6 SCC 241

This landmark judgment laid the foundation for addressing sexual harassment at the workplace. In the absence of statutory law at the time, the Supreme Court formulated the “Vishaka Guidelines” to safeguard women’s rights under Articles 14, 15, 19, and 21 of the Constitution. These guidelines made it mandatory for employers to set up complaint redressal mechanisms. This case directly led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

2. Air India v. Nargesh Meerza (1981) 4 SCC 335

In this case, the Supreme Court struck down discriminatory service conditions imposed on air hostesses by Air India, such as termination on first pregnancy or restrictions on marital status. The Court held such conditions to be arbitrary and violative of Article 14, emphasizing that gender-based distinctions in employment terms without justification are unconstitutional.

3. National Legal Services Authority (NALSA) v. Union of India (2014) 5 SCC 438

The Supreme Court, in this groundbreaking case, recognized transgender persons as the third gender and extended constitutional protections to them under Articles 14, 15, 16, and 21. The Court held that denial of employment, education, and healthcare to transgender persons amounts to discrimination and directed the State to take steps to provide reservations and welfare measures.

4. Jeeja Ghosh v. Union of India (2016) 7 SCC 761

This case involved the forcible deboarding of a passenger with cerebral palsy from a SpiceJet flight. The Supreme Court ruled that such treatment of a person with disability was inhuman and discriminatory, and awarded compensation. Though not an employment case directly, it reinforced the right of persons with disabilities to dignified and equal treatment, which applies equally in workplace contexts under the Rights of Persons with Disabilities Act, 2016.

5. Indra Sawhney v. Union of India (1992) Supp (3) SCC 217

Commonly known as the Mandal Commission case, this decision upheld reservations in public employment for Other Backward Classes (OBCs), thereby recognizing positive discrimination as a tool for achieving substantive equality. The Court emphasized that true equality may require affirmative action to overcome historical and systemic disadvantages.

6. Navtej Singh Johar v. Union of India (2018) 10 SCC 1

While this case is best known for decriminalizing homosexuality by reading down Section 377 of the IPC, it also laid the foundation for anti-discrimination protections for LGBTQ+ persons. The Court recognized that members of the LGBTQ+ community are entitled to full citizenship rights, including non-discrimination in employment, housing, and public spaces, under Articles 14, 15, and 21.

CONCLUSION

Workplace discrimination poses a serious threat to the ideals of equality, dignity, and justice. Legal provisions have established a strong foundation for preventing discriminatory practices and protecting employee rights. However, social biases, insufficient implementation, and lack of awareness often dilute the impact of these safeguards. Ensuring fair treatment in employment requires more than legal remedies; it demands a shift in organizational culture, active sensitization, and strict adherence to inclusive policies. Promoting diversity, equity, and accountability in the workplace not only fulfills constitutional obligations but also contributes to sustainable and ethical business practices. Eliminating discrimination is both a legal necessity and a moral imperative in the pursuit of a just and progressive society.

 

REFERENCE

• C. Srivastava, Industrial Relations and Labour Laws (Vikas Pub. House, 7^th ed. 2020).
• Choudhury & S. Mohanty, Workplace Equality and Legal Reforms in India, Indian Bar Review (2019).
• N. Mishra & S.B. Mishra, Labour and Industrial Laws (Central Law Publications, 30^th ed. 2022).
• Arun Kumar & S.K. Srivastava, Labour and Industrial Law (Atlantic Publishers, 2018).
• L. Malik, Handbook of Labour and Industrial Law (Eastern Book Co., 18^th ed. 2021).
• M. Sarma, Aspects of Labour Welfare and Social Security (Himalaya Pub. House, 15^th ed. 2020).
• Workplace Discrimination – https://academic.oup.com/edited-volume/28106
• Workplace Discrimination – Laws and Recourse for Employees- https://www.peoplematters.in/article/legal-and-compliance-outsourcing/legal-hr-workplace-discrimination-laws-and-recourse-for-employees-17201
• Workplace Discrimination – https://www.indialawoffices.com/legal-articles/workplace-discrimination-how-to-prevent-it
• https://www.slideshare.net/slideshow/discrimination-in-the-workplace-88424138/88424138