RULES AND LAWS OVER WORKPLACE DISCRIMINATION

Abstract

With a focus on the laws and rules governing fair employment practices, this article offers a thorough analysis of workplace discrimination. It examines the different types of discrimination, such as those based on protected characteristics such as age, gender, ethnicity, and disability. Employee rights to equal employment opportunities, a harassment-free workplace, and reasonable accommodations are covered in the article along with company obligations to prevent harassment and discrimination.

The article also explores the remedies that employees who are subjected to discrimination can obtain, such as injunctive relief, compensatory and punitive penalties, back pay, and front compensation. This article attempts to give employers and employees a thorough grasp of their rights and obligations in the workplace by examining pertinent laws and regulations.

This article provides information and suggestions on how companies can create a varied and fair work environment, as well as how employees can successfully exercise their rights and negotiate the complexities of workplace discrimination laws.

Key Words: Discrimination, Rights of Employees, Harassment, Employer and Employee, Provisions, Employment

Introduction

A workplace is a place or location where person or group of persons engages in activities of employment or their particular work. The workplace can be virtual or physical. For e.g. A Factory, a shop, any institution, etc. by the recent times of corona period even homes considered as workplace. Basically, it means where people work to fulfil their duties towards their particular jobs.      

The workplace environment consists of various things like physical layouts, resources used for work and various helping tools. Workplace is an important social space where people from various backgrounds collaborate, communicate and learn from each other. At workplace is a location where different kind of tasks are performed by employees as authorised by employers and interacts with their colleagues. Therefore, the concern about rights and duties of an employee and employer becomes necessary. Although the world has developed at large but still the rights of employees and the workplace discrimination is the burning question not only in India but also at world level.

Discrimination refers to various forms of unfair treatment based on different factors among people living in a Society or Nation. The factors may be someone’s age, gender, religion, sex or may be someone’s disability in any form and many forms,

So, workplace discrimination means when any person faced discrimination at his own workplace in terms of harassment, unequal pay, victimisation and biased hiring practices, etc.

This article provides an in-depth analysis of workplace discrimination laws and employee rights, exploring the legal framework, types of discrimination, and remedies available to employees.  

Types of Workplace Discrimination

Direct Discrimination: When someone is treated less favourably or at a disadvantage due to a “protected characteristic,” that is known as direct discrimination. Such as discriminating against workers on the basis of protected traits like age, sex, or colour.

Indirect Discrimination: When a rule, policy, or working practice is the same for everyone yet negatively impacts one person due to a “protected characteristic,” this is known as indirect discrimination.

Harassment: Harassment may be a undesirable conduct, whether verbal, nonverbal, or physical, that fosters a hostile work environment.

Retaliation: strictly disciplining staff members for opposing unfair behaviours, reporting discrimination, or taking part in investigations.

Workplace Discrimination Laws

Title VII of the Civil Rights Act of 1964:  In the workplace, Title VII expressly forbids discrimination on the grounds of race, color, religion, sex, and national origin. The National Archives (.gov) states that the EEOC was created to enforce Title VII and look into accusations of discrimination. The safeguards of Title VII are not limited to hiring; they cover all facets of employment. According to House.gov, Title VII has undergone amendments over time, extending safeguards to cover more types of discrimination, such as age and disability. Preventing discrimination and advancing equal opportunity in the workplace have been made possible in large part by Title VII.

Americans with Disabilities Act (ADA): A human rights law known as the Americans with Disabilities Act (ADA) forbids discrimination against people with disabilities in a wide range of public settings, such as workplaces, educational institutions, public transit, and many public and private establishments that are accessible to the general public. The goal of the law is to guarantee equal rights and opportunities for those with disabilities. People with disabilities are granted civil rights protections under the ADA that are comparable to those granted to people based on their race, color, sex, national origin, age, and religion. It ensures that people with disabilities have equal access to state and municipal government services, telecommunications, jobs, public accommodations, and transportation. The five titles (or divisions) of the ADA correspond to various facets of public life.

Age Discrimination in Employment Act (ADEA): Age discrimination is illegal in programs and activities that receive federal funding, according to the Age Discrimination Act of 1975. All ages are covered by the Act, which allows the use of specific age distinctions and other variables that satisfy its standards. The Civil Rights Centre enforces the Age Discrimination Act. This act aims to prohibit age-based discrimination against individuals.

Certain applicants and workers 40 years of age and older are protected from age discrimination in hiring, promotion, termination, compensation, and terms, conditions, or privileges of employment by the Age Discrimination in Employment Act of 1967 (ADEA). The Equal Employment Opportunity Commission enforces the ADEA.

Protected Characteristics: protected characteristics is defined under Equality Act of 2010, which applied on three countries US, Scotland and Whales. The definition of protected characteristics in this act states that there are particular traits or qualities that legally shield people from discrimination. These include colour, religion or belief, sex, sexual orientation, age, handicap, gender reassignment, marriage and civil partnerships, pregnancy and maternity, and so on. Discriminating against someone on the basis of these characteristics is illegal.

Employer Obligations: the main and prominent role to prevent workplace unfair treatment is played by employers. This is the responsibility of employers to prevent and address the workplace discrimination. Employer responsibilities cover a broad range of tasks, such as maintaining a safe and healthy workplace, adhering to labour regulations, providing equitable pay and benefits, and resolving employee complaints.

Indian key provisions to prohibit workplace discrimination

In India as well workplace discriminations is a constant practice, therefore there are some rules and regulations in India to regulate employment discrimination at workplace, such as-

1. Constitution of India: Through a number of articles, including Article 16, which guarantees equality of opportunity in areas pertaining to public employment, and Article 15, which forbids discrimination on the basis of religion, race, caste, sex, or place of birth, the Indian Constitution forbids workplace discrimination.
2. Equal remuneration act, 1976: An important aspect of Indian law, the Equal Remuneration Act of 1976, was created to guarantee equal compensation for equal labour, regardless of gender. It forbids sex-based discrimination in hiring and employment practices and requires companies to compensate men and women equally for work that is equivalent or comparable.
3. Rights of persons with disabilities Act, 2016: Ensuring the rights and dignity of individuals with disabilities is the goal of the historic Rights of Persons with Disabilities Act, 2016 (RPWD Act) in India. Its main goals are to shield people from prejudice, encourage their full involvement and integration into society, and guarantee equal access to a range of facets of life, such as healthcare, work, and education.
4. Transgender persons (protection of Rights) act, 2019: The Transgender Persons (Protection of Rights) Act, 2019 forbids discrimination against transgender people in the workplace and other contexts. The Act requires businesses to put policies and procedures in place that guarantee a secure and welcoming workplace for transgender workers, including equal opportunities in hiring, advancement, and other employment-related matters.
5. Sexual harassment of women at workplace (protection, prohibition, and redressal) Act,2013:

When it comes to workplace sexual harassment accusations, the SHW Act offers a thorough complaint and investigation process. The SHW Act acknowledges that women may be particularly susceptible to workplace harassment and discrimination, even though it is not an anti-discrimination law per se. As a result, the SHW Act’s purview is limited to complaints made by “aggrieved women” that are related to the “workplace”.

According to the SHW Act, “sexual harassment” encompasses any of the following undesirable behaviours or acts:

1. making sexual approaches and physical contact;
2. asking for or demanding sexual Favors;

• making sexually suggestive comments;

1. displaying pornography; or
2. engaging in any other unwanted sexually suggestive verbal, nonverbal, or physical behaviour.
3. Industrial Disputes act, 1947: Discrimination in the workplace is mainly addressed by the Industrial Disputes Act, 1947 (IDA), which forbids unfair labor practices. Despite not specifically mentioning “workplace discrimination,” the IDA shields employees from practices that can be construed as discriminatory, like wrongful termination or sanctions. The Act gives remedies for unfair labor practices as well as dispute resolution procedures.
4. Maternity Benefits Act, 1961: Pregnant women are protected from discrimination in the job by the Maternity Benefit Act of 1961, which also offers advantages including medical bonuses and maternity leave. It forbids employers from firing or letting go of women who are pregnant or on leave. Employers are also required by the Act to provide maternity benefits, which include full salary during the leave time.

Employee Rights

 There are certain rights which an employee has, some of the rights are:

Right to Equal Employment Opportunities:

All people have an equal chance to find work and grow in their careers, free from prejudice and discrimination, thanks to the Right to Equal Employment Opportunities. It is illegal for employers to treat workers or job candidates differently on the basis of protected traits, including national origin, race, sex, age, disability, and religion. This right encourages diversity in the workplace, upholds justice, and prohibits discrimination. Workers are free to resist discriminatory practices, participate in investigations, and file complaints without worrying about facing reprisals. Equal access to work opportunities and anti-discrimination rules must be created and implemented by employers.

Right to a Harassment-Free Workplace:

The right to a harassment-free workplace guarantees that workers are not subjected to harassment, intimidation, or unwanted behaviour. It is the duty of employers to provide an environment at work that values safety, respect, and dignity. A person may be harassed verbally, nonverbally, or physically, among other ways. Workers are entitled to report problems without worrying about reprisals. Employers are required to create and execute anti-harassment policies, offer training, and respond quickly to grievances. Employee success, job happiness, and well-being are all enhanced in a positive and productive work environment that is free from harassment. Workers should be treated with respect and dignity at work.

Right to Reasonable Accommodations:

People with disabilities or those who follow certain religious beliefs are guaranteed modifications or adjustments to carry out their job responsibilities or to access perks and privileges of employment under the Right to Reasonable Accommodations. Employers are required to make reasonable adjustments unless doing so would be extremely difficult. This right encourages diversity and inclusion as well as equal employment chances. Workplace changes, job reorganizations, and the provision of assistive technology are examples of accommodations. Employers must participate in an interactive process to identify appropriate accommodations after employees notify them of their need for one. This promotes a welcoming and inclusive work environment.

 Right to File Complaints:

Workers are entitled to protest about a variety of workplace concerns, such as:
1. Discrimination: Complaints about unfair treatment based on protected traits or other discriminatory behaviors.

2.Harassment: Reports of unwanted conduct, threats, or harassment.
3. Safety and Health: Grievances regarding health and safety risks at work.
4. Retaliation: Grievances regarding reprisals for reporting problems at work or taking part in inquiries.
Workers can lodge grievances with:

1. Internal HR or Management: Notifying internal authorities of issues.
   2. Governmental Organizations: Complaining to organizations such as OSHA or the EEOC.
   This right encourages responsibility, equity, and a secure workplace.

Remedies for Employees

There are several remedies which can enhance the condition of employees at workplace:   

Back Pay:

Back pay is a financial payment given to workers to make up for lost income or benefits as a result of misconduct on the part of the employer, such as discrimination or unfair labor practices. It includes the time frame between the unlawful action and the claim’s settlement. The goal of back pay is to put workers back in their proper financial situation.

Front Pay:

A financial award known as “front pay” reimburses workers for future lost income or benefits as a result of misconduct on the part of their employers. When reinstatement is neither desirable nor feasible, it is granted. By compensating them for future wages they would have gotten, front pay aids workers in their financial recovery from the effects of their employer’s actions

Damages:

Damages are financial awards given to employees to make up for losses brought on by misconduct on the part of their employers. Types consist of:

1. Compensatory damages: For suffering, pain, and emotional anguish.
2. Punitive damages: To hold companies accountable for their heinous actions.

Injunctive Relief:

A court-ordered remedy known as injunctive relief requires an employer to stop certain practices or conduct particular steps. It may consist of:

1. Ending discriminatory actions
2. Putting new regulations into effect
3. Offering instruction

The goal of injunctive remedies is to encourage legal compliance and stop future misbehaviour.

Conclusion

Workplace discrimination laws and employee rights play a vital role in promoting a fair, inclusive, and respectful work environment. By understanding and adhering to these laws, employers can create a positive workplace culture that values diversity, equity, and inclusion. Employees, in turn, can feel confident in their ability to work without fear of discrimination, harassment, or retaliation.

Employers must recognize their responsibility to provide equal employment opportunities, prevent harassment, and accommodate employees’ needs. Employees, on the other hand, have the right to file complaints, seek remedies, and expect a workplace that respects their dignity and rights.

Ultimately, upholding workplace discrimination laws and employee rights benefits both employers and employees. It fosters a productive, inclusive, and respectful work environment, leading to increased job satisfaction, improved morale, and better overall performance. By working together, employers and employees can create a workplace culture that values and respects everyone, regardless of their background, characteristics, or perspectives. By doing so, we can build a more equitable and harmonious workplace for all.