Workplace Discrimination Laws and Employee Rights

ABSTRACT

Discrimination at workplace in India surrounded by unjust treatment of employees based on many reasons such as caste, religion, marital status, gender, disabilities, age of a person, sexual orientation, pregnancy and language. This kind of discrimination can visible in various ways like unequal payment, harassment, hiring practices are biased and repudiation of promotion opportunities. The legal framework of India addresses issues by various key legislations. The Indian Constitution, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013[1], The Remuneration Act, 1976[2], Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[3] , The Rights of Persons with Disabilities Act, 2016[4]. The Wage Code 2019[5] act forbid discrimination of wages and recruitment providing equal payment schemes and introduced a concept of “floor wages” by the government of India. The Industrial Dispute Act [6]prohibits unjust labor practices including discrimination at the workplace, as listed under the 5th schedule of the act. The lawful framewok of India provides protection against the discrimination on workplace, efficient efforts are required.

KEYWORDS

• Workplace
• Discrimination
• Awareness
• Legal Framework

INTRODUCTION

Discrimination in workplace in this era of employement remains a challenge, which effect the employees working productivity, their rights and other workplace unity. When employees are treated on the basis of their characteristics discrimination occurs. Characteristics refers to caste, gender, religion, age etc. Employees suffered  biased treatment in various manner such as in decision of hiring, promotion, payment inequality,  harassment in workplace. As a result to these challenges, the lawful framework all round the world protect the employement rights and unjust behaviour or treatment. In Constitution of India provides various laws to safe workers rights and protect workplace unity. In India law it also covers labor rights and protect their payment system. Despite of many lawful protection for the employees, discrimination at the workplace increases because of insufficient awareness and many other factors. Because of insufficient awareness many employees failed to report discriminatory behaviour.

This Article shows discrimination laws at workplace, about the rights of employees and also some difficulties with the laws. This article also provide the awareness that needed to be created among the employees for more friendly environment at workplace. It became very essential to strengthen the laws relating to the employement right.

KINDS OF DISCRIMINATION AT WORKPLACE

In India we see various kinds of workplace discrimination which directly or indirectly impacts the productivity of employees.

1. Discrimination based on race: This usually refers to the unjust behaviour or not providing equal opportunities to a person based on their race, color of their skin, origin etc. The unjust behaviour which people often experience at workplace that may include not receiving sufficient job opportunities or promotion at the workplace, sexual harassment or may be in any other way. Stereotyping is when people make assumptions about someone based on their race or ethnicity.[7] When the discrimination of race is also seen inside the institution, political groups, general society etc.
2. Discrimination based on gender: This refers to the unjust behaviour and not providing enough job opportunities based on their gender or sex this includes an individual’s “identity, expression, or perceived characteristics associated with masculinity or femininity”[8]. Payment are not equal based on gender especially the women are not paid equal for the same work same job. This gender discrimination some time became so orthodox that women are only expected to take care of the home and look into children and men should work outside and earn money for the house. This also creates a ill impact on the individual’s mind.
3. Discrimination based on age: This is a typical discrimination through which it is judged that an individual is capable to certain work or job. This may include and seen in various way like “hiring, promotion, training, compensation, job assignments, and termination decisions”[9]. The old age people don’t get enough salaries as the young employee sometimes for doing the same things. This discrimination also limits the opportunities.
4. Discrimination based on disability: People face unjust behaviour and less opportunities because of their disabilities which might be mental or physical. They also face issues in their “need for accommodations or support services”[10].
5. Discrimination based on their religion: This happens when an individual missed out some opportunity solely because of religion or their religious believe. People face harassment because their religion at their workplace their behaviour make people feel unsafe.

RIGTHS OF EMPLOYEES TO PROTECT DISCRIMINATION AT WORKPLACE

1. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This act covers very thing relating to sexual harassment by providing the legal framework for preventing, prohibiting of complaints. It guarantees the formation of ICCs within the workplaces and handle district level complaints at local committees[11].
2. The Rights of Persons with Disabilities Act, 2016: This act protect discrimination against individuals with disabilities in various aspects which includes job opportunities, payments, etc.
3. The SC and ST act 1989: This acts states to protect cruelty against the Dalits and also includes their workplace discrimination.
4. The Equal Remuneration Act 1976: This act states same or equal payment at workplace with no gender-based remuneration.
5. The Wage Code 2019 and The Industrial Dispute Act: These acts states legal framework for labors which indirectly prevent discrimination at workplace.

RIGHTS AND RESPONSIBILITIES OF AN EMPLOYEE

Anti-discrimination act applies under “NSW”[12], the employees must not behaved or treated in a unjust manner because of their any kind of disabilities which may be mental or physical, gender, religion based or race or etc. The authorized person of any organization must treat their employees in a good manner.  They also liable to take care or ensure that their employees are not been harassed or being ill treated by any other person within the organization. Once an individual is working under an organization it became a duty of the authority to treat each of them with fair salaries, their package, work training, enjoyment of workplace benefits or promotion. Any kind of irrelevant personal issues should not a reason.” Employers should remove barriers that people with disability may face at work. Making these changes is known as reasonable adjustments or workplace adjustments”[13].

BENEFITS OF ANTI-DISCRIMINATION LAW

• An individual can get their best job with best opportunities.
• The training is done for enhancing their skills.
• Promotion are made without any discrimination.
• Employees of the organization became more efficient and more productive.
• Protect the employees from any kind of harassment.

CASE LAWS

Lawyers Beyond Borders (Lbb) India vs Union Of India on 25 August, 2020[14]

Large numbers of employers at the destination countries are taking advantage of mass repatriation programmes to terminate and return workers who have not been paid their dues. Without due diligence to protect and fulfill the human rights and labour rights of repatriated migrant workers, states across the migration corridor become complex in overseeing procedures where millions of workers will be returning without their grievances being heard, nor seeing justice in their situation.

Pandemic and a transitional justice mechanism need to be introduced immediately to address the grievances of repatriated workers. All the migrant workers, including those who may have become undocumented or are in irregular status, should have access to legal remedies for unfair treatment. It is important to document the claims and grievances of the W.P.(C)Nos. 13444 & 14496 of 2020 Indian workers who come back during the period of pandemic. The documentation shall be done at both Indian missions abroad and upon return to the country through concerned ministries.

Short facts leading to the filing of W.P.(C) No.14496 of 2020 W.P.(C)Nos. 13444 & 14496 of 2020 are that, the petitioner herein is a National Non-Government Organization functioning for more than 10 years. Its primary objective is to empower people on legal front and provide legal services to the common man.

As per the Government Order read as 2 nd paper above detailed guidelines were issued for appointment of Legal Liaison Officers with a view to provide legal assistance to distressed pravasi Malayalees involved in minor offences and are languishing in foreign prisons, facing legal issues in connection with their employment, passport, and job visa, especially in Gulf Co- operation Council (GCC) countries, Iraq and other South East Asian countries. By the above order Government granted permission to engage Legal Liaison Officers in association with Malayalee Cultural Organizations of the respective countries.

As per the Government Letter read as 7th paper above, Government have approved the list of candidates for empanelment prepared by the Selection Committee. As per the Government Order referred to as 8th paper above, the Government have changed the designation ‘Legal Liaison Officer as ‘Norka Legal Consultant’. As per the Government Order read as 9 th paper above, Government have approved the agreement to be signed with the W.P.(C)Nos. 13444 & 14496 of 2020 Norka Legal Consultant at the time of appointment. In the above circumstances, the following candidates are selected as Norka Legal Consultant for the country/place noted against each of them for a period of 2 years as per the terms and conditions prescribed in the Government Order referred as 2 nd paper above[15].

Vishaka vs State of Rajasthan 1997

In this case, Bhanwari Devi, an activist who worked to prevent child marriages in Rajasthan, went to stop the marriage of an infant girl child.

The infant girl child was the daughter of Ramkaran Gujjars who brutally raped Bhawari Devi along with his friends in front of her husband.

The police also did not cooperate with Bhawari Devi and harassed her while taking complaint. The Trial Court discharged the accused for not being guilty. When appealed to the High Court, the court held that the case is of Gang rape for the purpose of revenge. The case led to filing of various Public Interest litigations by NGOs and activists in the Supreme Court.[16]

CONCLUSION

​Discrimination at workplace in India is common and are subjected to seen in various kinds. This discrimination includes many things like caste, gender based, religion and many more. These kinds of discriminatory factors lead to unequal payment, workplace harassment, promotion difficulties etc. This impact on the work productivity and leads to unusual conflicts between the employees. To protect these issues Indian legal framework provides constitutional right from under Article 14 to 16 deals with equal, prevent discrimination and many more. To ensure women’s safety at workplace sexual harassment act is also there and this act also form ICCs to deal with the complaints relating to these. To provide equal payment among the men and women and to avoid gender-based discrimination equal remuneration act is also provided by the legal system. To protect the SCs and STs rights in workplace SC and ST act is also there. To ensure that the disable person or person with disabilities will not face any kind of discrimination the rights of person with disabilities act is provided. Following to this rights, laws and acts code of wages and industrial disputes act also play a significant role in preventing discrimination.

Despite of many legal framework still people face discrimination because lack of awareness among the employees about the laws. Many people fail to report against the discriminatory behaviour because of many reason like fear to loss their job, not having enough knowledge about where and how to report. Awareness programs to educate the employees is very necessary and this will help in creating a friendly and workable environment. India’s legal framework prevents workplace discrimination and ensure employees to enjoy the benefits.

Reference(s):

[1] “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” (January 1, 2013) <https://www.indiacode.nic.in/handle/123456789/2104> accessed March 20, 2025

[2] “Equal Remuneration Act, 1976” (January 1, 1976) <https://www.indiacode.nic.in/handle/123456789/17141?view_type=browse&sam_handle=123456789/2510> accessed March 20, 2025

[3] “Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989” (January 1, 1989) <https://www.indiacode.nic.in/handle/123456789/1920?view_type=search> accessed March 20, 2025

[4]https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf

[5] “The Payment of Wages and Its Effective Implementation in India” <https://www.legalserviceindia.com/legal/article-12093-the-payment-of-wages-and-its-effective-implementation-in-india.html> accessed March 20, 2025

[6] “Industrial Disputes Act, 1947” <https://www.legalserviceindia.com/legal/article-942-industrial-disputes-act-1947.html> accessed March 20, 2025

[7] GeeksforGeeks, “Types of Discrimination at Work” GeeksforGeeks (April 23, 2024) <https://www.geeksforgeeks.org/types-of-discrimination-at-work/> accessed March 21, 2025

[8] GeeksforGeeks, “Types of Discrimination at Work” GeeksforGeeks (April 23, 2024) <https://www.geeksforgeeks.org/types-of-discrimination-at-work/> accessed March 21, 2025

[9] GeeksforGeeks, “Types of Discrimination at Work” GeeksforGeeks (April 23, 2024) <https://www.geeksforgeeks.org/types-of-discrimination-at-work/> accessed March 21, 2025 

[10] GeeksforGeeks, “Types of Discrimination at Work” GeeksforGeeks (April 23, 2024) <https://www.geeksforgeeks.org/types-of-discrimination-at-work/> accessed March 21, 2025

[11] ojas.gandhi@thehelix.digital, “Understanding the Local Complaints Commitee Established by the POSH Act of 2013” (POSH Trainer, May 22, 2023) <https://poshtrainer.in/understanding-the-local-complaints-committee-established-by-the-posh-act-of-2013/> accessed March 21, 2025

[12] admin, “Your Rights and Responsibilities as an Employer” (Anti-Discrimination NSW) <https://antidiscrimination.nsw.gov.au/organisations-and-community-groups/your-rights-and-responsibilities-as-an-employer.html> accessed March 22, 2025

[13] admin, “Your Rights and Responsibilities as an Employer” (Anti-Discrimination NSW) <https://antidiscrimination.nsw.gov.au/organisations-and-community-groups/your-rights-and-responsibilities-as-an-employer.html> accessed March 22, 2025

[14] https://indiankanoon.org/doc/59185938/

[15] https://indiankanoon.org/doc/59185938/

[16] “Vishaka & Ors. v. State of Rajasthan (1997)” (Drishti Judiciary) <https://www.drishtijudiciary.com/constitution-of-india/vishaka-&-ors-v-state-of-rajasthan-1997> accessed March 22, 2025