Workplace Discrimination Laws and Employee Rights in India

INTRODUCTION

Employees in a variety of industries are impacted by workplace discrimination, which can result in unjust treatment, career stagnation, and even termination. In order to prevent discrimination and guarantee that workers receive fair and equitable treatment, the Indian legal system has developed. The key laws, employee rights, and significant case laws pertaining to workplace discrimination in India are examined in this article.

UNDERSTANDING WORKPLACE DISCRIMINATION

What is workplace discrimination?

The unfair or unfavorable treatment of workers or job candidates based on particular traits unrelated to their qualifications or job performance is known as workplace discrimination. This conduct creates a hostile and ineffective work environment by undermining equity and justice in professional settings.

According to the International Labour Organization (ILO), workplace discrimination is:

“Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment.”

• Types of workplace discrimination

Workplace discrimination can take many different forms and target different facets of a person’s identity. The main categories consist of:

1. Age discrimination
2. Sex and gender discrimination
3. Race and ethnicity discrimination
4. Disability discrimination
5. Religious discrimination
6. National origin discrimination
7. Sexual orientation discrimination
8. Pregnancy discrimination
9. Retaliation Discrimination

LEGAL FRAMEWORK AGAINST WORKPLACE DISCRIMINATION IN INDIA

1. Constitutional protections

The Indian Constitution guarantees equality and justice for all citizens by offering a strong foundation to combat employment discrimination. A fair and just workplace is established by a number of important articles that expressly address different types of discrimination.

» Key constitutional provisions

Article 14: Right to equality

Article 14 states 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 fundamental idea guarantees that everyone is treated fairly and forbids the state from engaging in any unjustified discrimination.

Article 15: prohibition of discrimination

Discrimination on the basis of religion, ethnicity, caste, sex, or place of birth is expressly forbidden by Article 15. It reads: “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” This article protects against prejudice in a number of areas, including the workplace.

Article 16:  Equality of Opportunity in Public Employment

Equal opportunity in subjects pertaining to public employment is guaranteed by Article 16. It states that: “There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.” By encouraging a merit-based system, this clause seeks to end discrimination in positions in the public sector.

Article 17: Abolition of Untouchability

Article 19(1)(g): Freedom to Engage in Any Career

Article 23: Forced Labor Prohibition

» Directive principles of state policy

The Directive Principles serve as a guidance for the State when creating policies that promote social and economic wellbeing, even if they are not subject to judicial review.

According to Article 39 The state is required to guarantee that “citizens, men and women equally, have the right to an adequate means of livelihood” and that “there is equal pay for equal work for both men and women.” These values support equitable compensation and gender equality in the workplace.[i]

1. Major anti-discrimination laws in India

• The 1976 Equal Remuneration Act

Employers are required by the Equal Remuneration Act to pay men and women equally for labor that is identical or comparable. Additionally, it forbids discrimination in hiring, advancement, and other employment-related situations. To ensure compliance and transparency, employers must keep registers detailing employee compensation.[ii]

• The 1961 Maternity Benefit Act

This Act gives women the right to maternity benefits and protects their employment during pregnancy. It guarantees paid leave during maternity and forbids companies from firing or treating a female employee unfairly because she is pregnant.[iii]

• The Rights of Persons with Disabilities Act, 2016

Equal rights and job opportunities for people with disabilities are guaranteed by this Act. It requires businesses to make reasonable accommodations and be accessible, and it forbids employers from discriminating against people with disabilities at any point of the employment process.[iv]

• Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

This law, also referred to as the POSH Act, attempts to shield women from sexual harassment at work. In order to handle complaints, it requires organizations to set up Internal Complaints Committees and establishes protocols for redress and settlement.[v]

• Industrial Disputes Act, 1947

The main law governing the settlement of conflicts between employers and employees in industrial facilities is the Industrial Disputes Act, 1947. It addresses unfair labor practices, wrongful termination, and protection against victimization—all of which can be connected to discriminatory actions—even if it does not specifically address workplace discrimination.

Even while the Industrial Disputes Act of 1947 does not specifically refer to “workplace discrimination,” it does offer a legal remedy for concerns that frequently result from discrimination, such as victimization, unjust dismissal, and labor exploitation. The Act can be used by workers who have been subjected to discriminatory practices, such as unfair compensation, unlawful termination, or benefit denial, to pursue justice. The Industrial Disputes Act ensures equitable treatment in employment problems and acts as an indirect safeguard against workplace discrimination in the absence of an explicit anti-discrimination statute. Workers in industrial industries and unionized workers who experience discrimination in hiring, promotions, or layoffs will find it very helpful.[vi]

• Other laws include :
• Industrial Employment (Standing Orders) Act, 1946
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
• Transgender Persons (Protection of Rights) Act, 2019
• Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

RIGHTS OF EMPLOYEES IN A WORKPLACE

All employees are entitled to certain basic rights and responsibilities while they are working. These fundamental rights are commensurate with an employer’s obligation to create a welcoming and comfortable work environment. Employees are protected from discrimination on the basis of age, gender, color, or religion by these rights, which also give them the right to privacy and equitable compensation.

In order to protect the interests of workers, India’s employment laws provide a number of regulations, some of which are not applicable to all workers in certain industries. For example, the rights and responsibilities of workers in the private sector are not specifically governed by any laws. Nonetheless, all Indian employees are entitled to the following eight most significant rights:

1. Work Agreement: This written contract outlines the terms and conditions of work as well as the rights and responsibilities of both the employer and the employee. Before beginning work, an employee has the right to a written employment contract that has been properly signed by the employer. Since the employee’s agreement already specifies the legal path to be taken in the event of a dispute, a well-written agreement created by a labor lawyer can avoid any unanticipated animosity between the employer and employee.
2. Leave: Employees are entitled to holidays and leave during their employment. In India, employees often have access to four different kinds of leaves : casual leaves , paid leaves , sick leaves and other leaves.
3. On-Time Salary: At the conclusion of each month, an employee is entitled to a timely salary. After making the necessary deductions, such as TDS, provident fund, etc., an employer is required to pay an employee’s salary. To properly sue the company for failing to pay a salary, an employee can retain the services of a labor attorney.
4. Maternity Benefit: During pregnancy and/or after delivery, a female employee is eligible for 26 weeks of maternity/pregnancy leave. In India, pregnant and nursing women’s employers’ interests are protected by the Maternity Benefit Act, 2017. In the event of pregnancy problems, an early birth, a miscarriage, or a medically assisted pregnancy termination, maternity leave may also be taken. Male employees of certain private enterprises in India are also granted paternity leave, which enables them to care for their newborn child.
5. Gratuity: In accordance with the Payment of Gratuity Act of 1972, a gratuity is a retirement reward that is given to an employee upon their retirement, termination, resignation, or death. Employees who have worked for the company continuously for at least five years are eligible to receive this payment as a token of appreciation. Employment lawyers might be hired to take appropriate legal action if the employer fails to pay the employee the gratuity sum.
6. Provident Fund: Employees may choose to retain a portion of their pay invested in EPF under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952. The employer transfers funds directly into the PF accounts. The Employees Provident Fund Organization (EPFO) manages the employer and employee contributions.
7. Notice Period: In case the employer wishes to terminate the employment of an employee, then a notice has to be served to the employee to prepare them for such termination. An employer cannot terminate an employee without giving a notice period. In case, the employer has fired an employee for no substantial reason and no notice, the employee can talk to a labor lawyer to file a complaint against the employer for wrongful termination of employment.
8. Protection from Sexual Harassment: The employer is responsible for making sure that all employers, especially female employees, are shielded from harassment of any type. Any instance of sexual harassment involving an employee must be addressed the first time. In order to address any instances of sexual harassment in the workplace, the employer must create a redressal committee and implement a policy that forbids it. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 allows a woman to report sexual harassment at work. By employing an employment attorney, an employee can also bring a sexual harassment action before the labor court.

Apart from these rights, the employee also has the right to report discrimination , right to safe working place with basic amenities, right to appropriate working hours, right to any incentive promised, etc.

LANDMARK JUDICIAL PRONOUNCEMENTS

• Mackinnon Mackenzie & Co. Ltd. V. Audrey D’Costa & Anr.

Case Overview:

Audrey D’Costa, employed as a Confidential Lady Stenographer by Mackinnon Mackenzie & Co. Ltd., discovered that her remuneration was less favorable than that of her male counterparts performing similar duties. After her termination on June 13, 1977, she filed a petition under the Equal Remuneration Act, 1976, seeking the wage differential she believed was owed to her.

Judicial Pronouncement:

The Supreme Court, in its judgment delivered on March 26, 1987, upheld D’Costa’s claim. The Court emphasized that the Equal Remuneration Act mandates equal pay for men and women undertaking the same or similar work. It was determined that the company’s practice of paying female stenographers less than their male counterparts constituted a violation of the Act.

This decision reinforced the principle of “equal pay for equal work” and underscored the judiciary’s commitment to eliminating gender-based wage disparities in the workplace.[vii]

• Vishaka & Ors. V. State of Rajasthan & Ors.

Overview of the Case:

The investigation was started after Bhanwari Devi, a social worker in Rajasthan, was brutally raped by a gang while trying to stop a child marriage. This incident brought to light the serious risks that women face at work and the lack of legal protections against sexual harassment.

Judicial Pronouncement: The Supreme Court issued a landmark ruling on August 13, 1997, acknowledging the widespread problem of sexual harassment in the workplace and the legislative gap in addressing it. Drawing on international agreements and constitutional mandates, the Court established comprehensive guidelines, known as the “Vishaka Guidelines,” to combat sexual harassment until suitable legislation was passed. These guidelines required employers to put in place complaint procedures, implement preventive measures, and provide a safe working environment for women.[viii]

• National Legal Services Authority (NALSA) v. Union of India

Overview of the Case: To protect their rights and guarantee equal treatment under the law, the National Legal Services Authority (NALSA) filed a writ petition to recognize transgender people as a third gender. The petition brought attention to the transgender community’s historical marginalization and prejudice in India.

Judicial pronouncement:

In its ruling on April 15, 2014, the Supreme Court acknowledged transgender people as a third gender and affirmed that they are entitled to the same fundamental rights as everyone else under the Constitution. The Court ordered the government to take aggressive steps to help transgender people become part of society at large, such as:

Giving transgender people the freedom to identify as male, female, or third gender is known as legal recognition.

Anti-Discrimination Measures: Putting laws into place to stop discrimination against transgender people in the workplace, healthcare, education, and other fields.

Social Welfare Programs: Creating and carrying out social welfare initiatives that are suited to the requirements of the transgender population. An important step in recognizing and defending the rights of transgender people in India was taken with this ruling.[ix]

CHALLENGES IN  IMPLEMENTING WORKPLACE DISCRIMINATION LAWS

Even though India has a comprehensive legislative framework intended to promote equality and shield workers from discriminatory acts, putting these rules into effect presents a wide range of complex challenges. A number of important barriers to the efficient implementation of these regulations have been noted in numerous research and publications:

1. Insufficient Awareness : The exact provisions and guarantees provided by anti-discrimination statutes are still not well known by employers and employees. This ignorance causes instances to go unreported and legal obligations to be broken. Many people lack adequate knowledge of their rights and the appropriate channels for recourse, as stated in a legal perspective on employment discrimination.
2. Social and Cultural Norms : Discriminatory attitudes, especially against women and vulnerable communities, are frequently sustained by ingrained cultural biases and societal standards. Effectively implementing anti-discrimination legislation can be difficult due to the influence of these deeply held views on workplace relations. According to an article about workplace discrimination against women, cultural beliefs still have a negative effect on the workplace.
3. Problems with Enforcement: Corruption in regulatory agencies, a lack of funding, and bureaucratic inefficiencies frequently make it difficult to enforce anti-discrimination rules. The shockingly low conviction rate for labor law infractions, according to a report on unfair labor practices in India, highlights the disconnect between laws and actual enforcement.
4. The Sector of Informal Employment :The informal sector employs a sizable section of India’s workers, where labor regulations are usually inapplicable or not implemented. Effectively monitoring, reporting, and addressing discriminatory acts is hampered by this informality. The predominance of informal employment is cited in the same report on unfair labor practices as a major obstacle to the application of labor laws.
5. Stereotypes and Gender Bias : Discriminatory practices like pay gaps and restricted job progression possibilities for women are exacerbated by enduring gender preconceptions and stereotypes. Gender bias is still a major barrier to attaining workplace equality, according to an examination of barriers to labor law implementation.[x]
6. Insufficient Procedures for Resolving Grievances: Effective internal procedures for handling discrimination complaints are lacking in many organizations. The lack of private and unbiased procedures deters victims from coming forward. According to a study on workplace sexual harassment, effective grievance redressal procedures are necessary to deal with these kinds of problems.[xi]
7. Dependency on the Economy : Because they fear reprisals or losing their jobs, victims of discrimination may decide not to disclose instances, particularly when there are few other employment options available. A cycle of silence and ongoing discrimination may be sustained by this financial reliance. The impact of economic considerations on the reporting and resolution of discriminatory practices is also discussed in the study on unfair labor practices.

STRENGTHENING WORKPLACE PROTECTIONS IN INDIA

Enhancing workplace safety in India is a complex process that calls for extensive law changes, efficient enforcement systems, and a change in mindset to put workers’ welfare first. Current issues and possible approaches to improving workplace safety and rights in the nation are insightfully shown by recent events, academic research, and policy debates.

1. Reforms to the Law :

India’s labor laws have been updated and consolidated with the passage of the Occupational Safety, Health, and Working Conditions (OSHWC) Code, 2020. The goal of this code is to establish a single legal framework for occupational safety and health by combining 13 existing acts, such as the Factories Act of 1948 and the Mines Act of 1952. Among the OSHWC Code’s salient elements are:

• Simplifying Compliance: By combining several rules, the code aims to make it easier for companies to comply with safety regulations, which will improve adherence to them.
• Improved Worker Protections: The code adds clauses requiring free medical exams, yearly health checks, and safety committees, particularly in organizations with a sizable workforce.
• Coverage Expansion: It attempts to close current gaps in labor welfare by providing safeguards to a wider range of workers, including those in the unorganized sector.

To guarantee that the legislative goal is translated into noticeable workplace improvements, strict enforcement and ongoing monitoring are necessary for the OSHWC Code’s effective implementation, which is still a difficulty.[xii]

2. Dealing with New Work Dynamics:

 Labor relations have become more complicated as gig and platform-based work have grown in popularity. In light of the particular risks faced by gig workers, the National Law School of India University’s Centre for Labour Studies (CLS) hosted a seminar with the title “Shaping the Future of Work: Strengthening Protections for Gig and Platform Workers in India.” The seminar highlighted a number of important areas:

• Legal Recognition: Striving for gig workers to be formally recognized as a separate category in order to guarantee that they are given the proper legal protections.
• Social Security Inclusion: Stressing the importance of providing gig and platform workers with access to social security benefits, including health insurance and retirement savings.
• Collective Bargaining Rights: Stressing the value of giving gig workers the ability to band together and engage in collective bargaining to enhance their working conditions.

3.Promoting a Culture of Respect and Safety :

Legal protections’ efficacy is greatly impacted by cultural perspectives on gender equality and workplace safety. Conversations concerning women’s safety in the workplace have been rekindled by the sad rape and death of a young doctor in West Bengal. This incident has led to requests for:

• Establishing Safe Work Environments: Putting in place safeguards for women’s safety at work, such as enhanced security infrastructure, awareness campaigns, and stringent anti-harassment guidelines.
• Promoting Female Involvement: Resolving safety issues is critical to boosting female employment, which is necessary for both gender parity and economic progress.

These conversations show how society needs to change to value and protect the safety and dignity of all workers, especially women.[xiii]

4.Including Safety and Health Measures :

A study that was published in the International Journal of Creative Research Thoughts highlights how crucial it is for firms to have a positive safety culture. According to the study, pressure and fear at work can jeopardize employee wellbeing and safety procedures. In order to combat this, organizations are urged to:

• Encourage Open Communication: Giving workers the freedom to express safety concerns without worrying about reprisals.
• Establish Regular Training: Educating all staff members on safety procedures and practices on an ongoing basis.
• Provide Unambiguous Reporting Procedures: establishing simple procedures for reporting safety concerns and guaranteeing prompt action. Organizations can improve overall productivity and employee morale by cultivating a culture that prioritizes safety.[xiv]

5.Improving Compliance and Enforcement :

Even with extensive legislation, enforcement is still a major challenge. Because white-collar professionals are frequently exempt from standard labor laws, the recent event involving the death of a young executive at Ernst & Young (EY) owing to alleged overwork has brought attention to their vulnerabilities. State officials in Karnataka and Maharashtra have responded by taking the following actions:

• Strengthen Workplace Regulations: Taking into account the adoption of new legislation or rules to control corporate employees’ hiring, working hours, and layoffs.
• Improve Inspections: To guarantee adherence to current laws, especially those pertaining to overtime and employee welfare, labour inspections should be conducted more frequently and with a wider focus.

The necessity to safeguard all workforce segments, especially those in managerial and professional jobs, is becoming increasingly recognized, as seen by these actions.[xv]

CONCLUSION

A comprehensive strategy that incorporates legislative action, vigorous enforcement, cultural change, and organizational dedication to safety and equality is needed to strengthen workplace protections in India. India can endeavour to create workplaces that are secure, welcoming, and supportive of the wellbeing of all workers by tackling these issues as a group.

 

REFERENCES

[i] The constitution of India, 1950

[ii] The Equal Remuneration Act, 1967

[iii] The Maternity Benefits Act,1961

[iv] Rights of Persons with Disabilities Act, 2016

[v] The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

[vi] The Industrial Disputes Act,1947

[vii] Mackinnon Mackenzie & Co. Ltd. V. Audrey D’Costa & Anr., (1987) 2 SCC 469.

[viii] Vishaka & Ors. V. State of Rajasthan & Ors., (1997) 6 SCC 241.

[ix] National Legal Services Authority v. Union of India, (2014) 5 SCC 438.

[x] Himanshu kumar . “Discrimination and Equality in India: A Legal Perspective .” 6(1)(2024):  57-64. https://www.vkeel.com/legal-blog/discrimination-and-equality-in-the-workplace-in-india-a-legal-perspective

[xi] International Journal of Law, Policy and Social Review

www.lawjournals.net

[xii] Occupational Safety, Health & Working Conditions Code, 2020: Strengthening Workplace Protections

https://www.impriindia.com/insights/occupational-safety-health-code-2020/

[xiii] John Reed and Jyotsna Singh. “The key to India’s economy? Making women safer.”(2024)

https://www.ft.com/content/eb034596-406d-439f-8c3d-c884d7a9e633

[xiv] Ishwarya R. “A Study on  Workplace Safety and Workers Protection in Organisations.” 11(5)(2023) IJCRT |ISSN: 2320-2882)

www.ijcrt.org

[xv] Shivam Patel. “EY worker’s death spotlights India’s unprotected white-collar labour.”(December 11, 2024)https://www.reuters.com/world/india/ey-workers-death-spotlights-indias-unprotected-white-collar-labour-2024-12-11/