How Can You Avoid Employment Discrimination
- Mehtab Ali
- Nov 29, 2024
- 4 min read
Discrimination At The Workplace Refers To The Treatment Of An Employee Fairly Or Unfavorably Due To Various Reasons Including Gender, Race, Disability, Age, Religion, Or Any Other Protected Characteristic. It Can Be Manifested In The Following Ways, Including Harassment, Unequal Pay, Biased Hiring, And Limited Promotion Prospects. The Indian Laws Have Clearly Defined Meanings For Easy Interpretation By Both The Employer And Employees On How To Recognize And Tackle Discrimination.
Anti-Discrimination Laws Are Of Great Importance In Creating A Just And Equitable Work Environment. The Laws Promote The Prohibition Of Different Forms Of Discrimination Against Women, Races, And Other Disabilities And Protected Characteristics. In India, The Changing Scenarios In The Legal Scene Relating To Workplace Discrimination Reflect The Country's Commitment To Ensuring Equality And Justice For Every Employee.
Anti – Discrimination Laws
Article 14 Of The Indian Constitution Ensures 'equality Before The Law'. Article 15 Forbids Discrimination Upon Various Grounds As Stated Above. However, Such Protections Can Be Utilized Only When State Or Government Bodies – Including Both The State And Central Governments, Bring About Discrimination. Any Discrimination On Any Of The Grounds Given In Article 15 Would Allow A Writ To Be Filed To The Concerned High Court Or Supreme Court Of India.
The Equal Remuneration Act, Of 1976 Ordains Equal Pay For Equal Work Without Any Consideration Of Gender. It Prohibits Discriminatory Practices In Recruitment Promotion And Wages.
The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013, Also Known As The Posh Act Aims To Protect Women From Sexual Harassment In The Workplace. Such Employers Must Have An Internal Committee (Ic) To Address Complaints And Provide A Safe Workplace.
Rights Of Persons With Disabilities Act, 2016 Safeguards The Rights Of Persons With Disabilities, Ensures Their Inclusion, And Prevents Discrimination In Employment And Other Areas.
The Wages Code 2019 Discriminates Against No One In Matters Of Wages And Recruitment Of Employees. In This, No Reduction Of Wages On Account Of Gender Is Allowed. It Consolidates The Provisions Of Four Other Statutes, Which Have Been Repealed, Namely, Minimum Wages Act, Payment Of Wages Act, Equal Remuneration Act, And Payment Of Bonus Act. The Intent Of This Code Is To Give 'one Roof' To Important Provisions Of The Repealed Statutes Aforementioned. The Same Came Into Effect From 1 Oct 2022.
How Can You Avoid Employment Discrimination
Have Strong Policies Against Discrimination: The Policies Of Anti-Discrimination In Companies In India Are Often Ambiguous And General Because They Do Not Appropriately Show Companies' Vigilance Regarding Equality And Equal Opportunities At The Workplace. In Fact, India Has Formulated Laws To Specifically Secure The Interest Of The Protected Classes Of Employees Through Formulating Very Detailed Policies. Effective Equal Opportunity And Anti-Discrimination Policies Entail Specificity. These Would Include Setting Broad Goals By The Employer Towards Diversity And Inclusion (With The Implementation Of The Policy By The Employees) And Actionable Items Against Each Of These Goals, Such As Ensuring Effective Implementation Through Periodic Workshops.
Have A Clear Grievance Redressal Mechanism: Whether Or Not As Part Of The Equal Opportunity And Anti-Discrimination Policies, The Employer Should Develop A Comprehensive Grievance Redressal Mechanism That Clearly Outlines The Grievances The Policy Seeks To Redress, Channels Through Which A Complaint Can Be Lodged, And The Procedure That Would Be Followed In Ensuring That The Grievances Are Redressed. The Employer Should Provide Its Employees With Incentives To Actively Report Instances Of Discrimination, Such As Routine Communications.
Maintain Pay Parity: We've Seen That Issues Related To Compensation And Other Rewards Extended To Employees Are The Basis Of Discrimination. Sometimes, It Is Based On The Fact That Compensation And Other Aspects Are Individually Negotiated Before Onboarding, Which May Create Pay Disparities In The Same Role. It Is The Provisions Of The Law That No Employer Should Discriminate Between The Male And Female Employees' Pay If Both Perform Similar Work Or Work Of A Similar Character.
Proper Record Of Performance: The Employer Should Assess His Or Her Employees' Work Regularly And Maintain A Written Record Of The Same. Employers Should Also Share These Assessment Reports With Their Employees. The Employer Should Engage In Constructive Feedback In Cases With Performance Issues To Help Guide And Assist The Employee To Improve His Or Her Performance At Work. This Helps To At Least Reduce The Risk Of Actual Claims, Which Arise From A Situation Of Miscommunication.
Develop Fit Social Media Strategies: Employees, Including Former Employees, May Make Public Statements On Social Media Sites About Employment Issues, Including Termination. These Kinds Of Complaints May Lead To Reputational Damage. Employers Should Have A Social Media Policy. If Public Statements Are Deemed Necessary, They Should Be Restricted To Broadly Stating That The Process Undertaken In Respect Of The Concerned Administrative Decision Is Under Applicable Law And Contractual Stipulations.
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