Diversity and inclusion initiatives at the workplace have become essential for employers across the world. While most of the developed nations have comprehensive codified laws to prevent workplace discrimination across sectors, India has a few anti-discrimination laws that prohibit and prevent discrimination of employees in the private sector.
It is imperative to recognise that discrimination on grounds not listed above, is still, strictly speaking, ‘not illegal’ in the private sector. Statutory protection is available to only specific identified groups of persons. Unlike the Indian Constitution which prohibits the State from discriminating against any citizen on the grounds of religion, race, caste, sex, place of birth or any of them, there is no similar comprehensive legislation applicable to the private sector.
Therefore, workplace measures preventing discrimination emanating from various factors (including the Protected Criteria) that go beyond what the extant laws require, are largely only at the discretion of the employer. Private sector employees do not have any statutory right, and accordingly, have no specified remedy under the law if they are discriminated against on grounds such as religion, race, caste and community.
Even with the Protected Criteria, there is an absence of proper and effective implementation and enforcement of anti-discrimination laws. Relevant local authorities tend to accord low priority to inspections as far as anti-discrimination measures are concerned. Even where certain non-compliances are identified, the consequences for the employer are largely confined to nominal monetary penalties.
Certain anti-discriminatory laws aim to bring in self-sufficient regimes with the redressal mechanism being provided within the relevant statute. For instance, the Transgender Persons (Protection of Rights Act) 2019 provides for the appointment of a ‘Complaint Officer’ at each establishment to hear and redress complaints raised by transgender persons. However, there are no specifications on the rank, qualifications or authority of such officer, and there are no penalties prescribed if an employer fails to appoint a Complaint Officer or if the aggrieved employee is not satisfied with the findings of the Complaint Officer. Resultantly, aggrieved individuals have to approach the jurisdictional High Courts or Supreme Court to seek appropriate remedy. This not only becomes cumbersome but also defeats the purpose of providing redressal mechanisms under the anti-discriminatory laws.
14 February 2024
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26 January 2024
Reconciling workplace security and safety, with employee privacy, dignity, and autonomy is a balancing act. Globally, power asymmetry in employment renders ‘consent’ unfavorable. Under the General Data Protection Regulation (GDPR), ‘legitimate interests’ as a ground to process employee data has been criticised for being overly flexible.
18 October 2023
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8 September 2023
Reconciling workplace security and safety, with employee privacy, dignity, and autonomy is a balancing act. Globally, power asymmetry in employment renders ‘consent’ unfavorable. Under the General Data Protection Regulation (GDPR), ‘legitimate interests’ as a ground to process employee data has been criticised for being overly flexible.
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