WORKPLACE DISCRIMINATION LAWS AND EMPLOYEES RIGHTS

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Published on 05th June 2025

Authored By: Rajan Routh

“Fairness does not mean everyone gets the same. Fairness means everyone gets what they need.” – Rick Riordan.  

INTRODUCTION

Discrimination is prohibited by the Constitution of India, the highest legal instrument of the State. Despite the presence of Article 15 and other supplementary fundamental rights like ‘equality before law’, discrimination in India is widespread. Discrimination may prevail in any area or sphere.It’s  extent can’t be define properly. In this article we are going to have a look into a particular form of discrimination i.e. workplace discrimination. The workplace discrimination remains a serious concern despite the existence of various laws and regulations. The right to work is widely acknowledged as a fundamental right in India and it is enshrined implicitly under article 21 of the constitution which talks about “RIGHT TO LIFE AND PERSONAL LIBERTY”.

“The International Labour Organization (ILO) defines discrimination as “unfair treatment based on characteristics like race, colour, sex, religion, political opinion, national origin, or social background, which harms equal opportunities in employment or occupation.” Workplace discrimination refers to unfair or unequal treatment or discrimination  to an individual or group of individuals on certain grounds such as sex, gender, identity, age, disability, religious beliefs, ethnicity, race, political opinion etc in the workplace. To eradicate this evil practice, there are numerous legal safeguards provided to the employees so as to maintain a healthy working environment for them.

TYPES OF WORKPLACE DISCRIMINATION

Discrimination in workplace can take many forms, including unequal treatment based on gender, caste, religion, disability, age, sex etc. Some of them are

  • Gender Discrimination: It is something which is very common in workplace. Women’s are the main victim of gender discrimination. They often face unequal pay, limited promotion opportunities, and harassment at workplace.
  • Religious Discrimination: The religious discrimination is especially faced by the minority communities of our society. Due to this, they have to face lot of difficulties especially in private sector hiring.
  • Disability Discrimination: It is basically faced by persons with certain kind of disability. For the persons suffering from certain disability, The constitution mandates that No person with a disability should be denied access to public services, employment, or infrastructure.
  • Caste Discrimination: Cast based discrimination in India can be commonly witnessed in the public sector. Due to this evil practice, lots of qualified individuals have lost opportunities in their life. A study by Oxfam India (2022) found that people from Scheduled Castes and Scheduled Tribes are deprived of higher-paying jobs in the country.

WORKPLACE DISCRIMINATION LAWS

In India, there are certain legal or statutory safeguards against workplace discrimination. Those are as follows:-

  • THE CONSTITUTION OF INDIA: Under( Article 14 – 16) guarantees equality before the law and prohibits discrimination on several grounds. Article 14 ensures equality for all citizens, while Article 15 specifically prohibits discrimination based on religion, race, caste, sex, or place of birth. Apart from this, Article 16 also provides for prohibition of discrimination in terms of public employment. Thus, The constitution is considered as the supreme law of the Land and it helps in safeguarding rights of an individual who is residing in the territory of the country.
  • The Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976 is a law made by the parliament to ensure that men and women are paid equally for doing the same work. The main purpose behind the enactment of this Act is to reduce gender inequality at work and gives women a fair chance to earn what they deserve, just like men. Any kind of discrimination based on gender in terms of salary or benefits is considered illegal under this Act. IN State of Punjab & Ors. Vs. Jagjit Singh & Ors. AIR 2016 SUPREME COURT 5176, the Supreme Court ruled that employees engaged in the same work cannot be paid less than any other co-worker who performs same or similar nature of duties and disparities. This Act of disparity in pay was seen as ‘oppressive, suppressive and coercive.’ Thus, the principle of equal pay for equal work constitutes a clear and unambiguous right and is vested in every employee, whether engaged on a permanent or temporary basis. The Act covers all types of work i.e.  full-time, part-time, contract, or temporary. The act helps in preserving and protecting the rights of the employees irrespective of their gender. Therefore, the Act upholds the value of equality which has been enshrined in the constitution of India.
  • The Scheduled Castes and Scheduled Groups(Prevention of Atrocities) Act, 1989: This Act Aims to stop exploitation and injustice faced by the Schedule casts and Schedule Tribes due to their caste identity at workplace. It Addresses discrimination against employees from Scheduled Castes (SC) and Scheduled Groups(ST). This Act helps in promoting a friendly working conditions or environment for the employees who belongs to Schedule casts and Schedule Tribes so that they can work with their optimum potential and contribute more at their workplace. It is not just a law, but a shield for justice that empowers SC and ST communities to live with dignity and equality so that they can develop well and contribute more with their skills, knowledge and experience. This, this Act is a great initiative by the parliament of the country.
  • The Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995: This Act was passed to protect the rights of persons with disabilities and to help them get equal opportunities in all spheres of their life. The Government has passed The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, as part of its commitment to safeguard the rights of country’s disabled citizens.  The Act Ensures that persons with disabilities (PWDs) are not treated unfairly and are given equal chances in employment related matters. It Promotes free education for children with disabilities up to 18 years in inclusive schools. At the same time, the Act mandates that there must be reservation of at least 3% of seats for persons with certain disabilities (like blindness, hearing issues, and movement-related disabilities) in the Government services. Apart from this, the Act also provides for the accessibility of various public facilities( transportation) and services( shopping Complex, restaurants) to the persons with disability. Therefore , the Act upholds the rights and dignity of persons with disabilities in India and helping them become an active and respected part of our society.
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: Sexual Harassment is something which is evidently faced by a lot of women in their workplace. It constitutes a grave offence in India. Sexual Harassment refers to obscene acts which is being done by a person( man or woman, but especially by men) to the person of opposite sex. It constitutes acts such as Unwanted touching or physical contact, passing sexual comments or jokes, Showing pornographic content, Asking for sexual favours etc. In most of the cases, women becomes the victim of sexual harassment at workplace. To counter this heinous offence, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act was passed by the parliament to protect women from sexual harassment at their workplace. This Act gives women the legal right to work in a safe environment, where they can speak up without fear and take action against any kind of sexual harassment. It Ensures that employers take the necessary steps to prevent and resolve complaints of sexual assault at workplace. In Vishaka v. State of Rajasthan (1997), the Apex court laid down guidelines called the Vishaka Guidelines to protect women at work. The court held that sexual harassment at the workplace is a violation of fundamental rights and Directed all employers to create a complaints mechanism, like a complaints committee so that the safety of woman can be ensured. So, The Protection of Women Against Sexual Harassment at Workplace Act aims to protect women from sexual harassment at the workplace and provide a mechanism for Redressal.
  • The Transgender Persons (Protection of Rights) Act, 2019: The Transgender Persons (Protection of Rights) Act, is a step toward inclusion and equality, giving transgender individuals a legal identity and protection. This Act was passed by the parliament to protect the rights of transgender persons and to ensure they are treated with equality and dignity in all areas of their life. The Act explicitly prohibits discrimination against transgender persons in employment and mandates equal opportunities in recruitment, promotion, and other employment-related matters. Thus, the Act helps in protecting the rights of transgender persons and prohibiting gender discrimination at workplace .

EMPLOYEES RIGHTS AGAINST WORKPLACE DISCRIMINATION

Discrimination and equality in the workplace are complex issues that require a multifaceted approach to address effectively. Apart from WORKPLACE DISCRIMINATION LAWS, the employees are entitled to certain rights of their own so that they can raise their voice against this grave injustice. Those rights are :-

  • Right to Lodge a Complain – The employees working in any company or farm or public sector, has the right to file complain to the Internal complain committee or to the Human Resources ( HR), if they face any kind of discrimination at workplace. Apart from this, it is the duty of HR to take immediate action or make necessary changes so as to tackle the problem with ease.
  • Right to seek Legal Action – The employee can seek for legal action if the HR has not taken immediate step to solve the problem at workplace. The person who has faced workplace discrimination can file a further complain to the labour court. The person against whom an order has been issued by the labour court must compliance with the order of the court.
  • Right to compensation – The employee can claim for compensation from the employer if he or she has suffered sufficient damage from such Discrimination at workplace. It is the duty of the employer to pay compensation to his employee who has faced workplace discrimination.
  • Right to Equal Treatment – It is the duty of every employer to give equal treatment and opportunities to employees who are under his supervision. The employer must act benevolently towards his employees and must forbid any kind of discrimination which happens in workplace.
  • Right to Equal pay – Equal pay for Equal work is the fundamental right of an employee. The employer must not perform or show gender discrimination or any kind of disparities towards his employees. At the same time, it is the duty of every employer to prohibit any form of discrimination at workplace whether it is gender based or cast based or disability based etc.

RECOMMENDATIONS TO ADDRESS WORKPLACE DISCRIMINATION

Workplace discrimination in India is a multifaceted issue that needs urgent attention. Empowering employees with knowledge about their rights is a crucial first step toward lasting change. Conducting various awareness campaigns to educate employees and employers about their rights and obligations. Providing regular training for employees, managers, and HR personnel to develop a culture of equality and non-discrimination. Strengthening the judicial system so that the victims of workplace discrimination can get timely justice. Developing an effective Redressal mechanism for the proper disposal of workplace discrimination cases in various companies, firms, public sector entity etc. To eradicate Discrimination at workplace, the employer and employee relation must be strengthened and the employer must create an environment that promotes diversity and inclusion.

CONCLUSION

Discrimination in the workplace is a critical issue that has been addressed by laws and regulations worldwide. Discrimination at workplace is explicitly prohibited by the Constitution of India. It’s practice is considered derogatory and is a punishable offence in the territory of the country. Although, India has made significant strides in combating workplace discrimination, much work remains to be done. The Indian legal system has evolved to combat these issues, but the enforcement and implementation of these laws remain a challenge. In India, Despite significant progress in promoting equality, discrimination persists in various forms. Though legal frameworks provide a strong foundation, much depends on the commitment of employers is necessary to foster an inclusive environment at workplaces for the employees. Therefore, By fostering inclusive work environments, promoting diversity, and ensuring equal opportunities for all, India can move closer to achieving true workplace equality and equity.

 

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