Gender discrimination

at workplace
 What is discrimination?

Discrimination can be defined simply as the "unfair treatment of people" based

on factors such as religion, caste, race, sex, or place of birth. When we
specifically discuss gender discrimination, we are referring to the unequal
treatment of individuals based on their gender males, females, and
transgender individuals.

Gender discrimination in the workplace occurs when an employer

discriminates against an employee on the basis of their gender.

There are several ways in which gender discrimination

can show at work:
 Unequal Pay: Male and female employees may possess the same
educational qualifications and work experience, yet many organizations
pay different salaries based on gender.
 Limited Job Opportunities: Some organizations may be unwilling to hire
female and transgender individuals simply because of their gender,
resulting in fewer job opportunities for them.
 Harassment: Harassment in the workplace can take various forms,
including sexual harassment and abusive behaviour. Women often
experience harassment at their workplace, but it's important to note
that men can also face similar problems. Harassment is not exclusive to
one gender; it affects both men and women.
 Promotion and Career Advancement: Employers often underestimate
the potential of female employees for leadership roles and senior
positions, leading to limited career growth opportunities for women.
 Maternity Leave: Employers sometimes force female employees to
leave their jobs due to the financial burden of providing maternity
allowances.
 The Impact of Gender Discrimination:

Gender discrimination takes a toll on both individuals and organizations:

Individual Impact:
 Emotional Stress: Discrimination leads to emotional distress, anxiety,
and decreased job satisfaction.
 Career Stagnation: It hinders career growth and can result in frustration
and limited professional development.
 Health Consequences: Prolonged exposure to discrimination contributes
to increased stress levels and mental health issues.

Organizational Impact:
 Talent Drain: Discrimination can drive skilled employees away, resulting
in a loss of valuable talent.
 Reduced Productivity: An unequal and hostile work environment leads
to decreased productivity and collaboration.
 Reputation Damage: Companies with a reputation for discrimination
struggle to attract diverse talent and customers.
 Legal Consequences: Discriminatory practices result in costly legal
battles and harm an organization's finances and reputation.

Some key strategies for preventing discrimination

at work

 Establish a Grievance Cell: Create a dedicated grievance cell within the

organization where employees can report incidents of discrimination,
harassment, or bias confidentially. Ensure that this cell is well-publicized
and accessible to all employees.
 Regular Diversity and Inclusion Training: Implement on-going diversity
and inclusion training programs for all employees. These programs
should raise awareness about various forms of discrimination, promote
 understanding, and provide tools for preventing and addressing
discrimination.
 Annual Reporting: Require companies to compile an annual report on
workplace issues, including discrimination and harassment. This report
should be made available to all employees and stakeholders.
Transparency in reporting can lead to greater accountability.
 Regular Surveys and Feedback: Conduct regular surveys and gather
feedback from employees about their experiences in the workplace. Use
this input to continuously improve policies and practices.

Legal Aspects of Gender Discrimination in the

Workplace in India
Gender discrimination in the workplace is a critical issue in India, and it is
governed by a complex legal framework. India has several laws and
regulations in place to address and prevent gender discrimination and
harassment at workplace.

1. The Constitution of India: The Constitution of India lays the foundation

for gender equality in the country. It includes provisions that prohibit
discrimination on grounds of sex and ensure equality before the law (Article
15) and equal opportunity in public employment (Article 16).

2. The Sexual Harassment of Women at Workplace: According to the

(Prevention, Prohibition, and Redressal) Act, 2013 aims to prevent and
address sexual harassment at the workplace. It mandates the establishment
of Internal Complaints Committees in organizations with ten or more
employees and prescribes a framework for handling complaints of sexual
harassment.

3. The Maternity Benefit Act, 1961: The Maternity Benefit Act is designed
to protect the employment of women during pregnancy and ensure that
they are not subjected to discrimination during this period. It provides for
maternity leave and other related benefits.
 4. The Equal Remuneration Act, 1976: This Act prohibits discrimination in
remuneration (pay) on the basis of gender. It ensures that men and women
receive equal pay for the same work or work of a similar nature.

5. The Factories Act, 1948, and The Mines Act, 1952: These acts lay down
provisions for the welfare of women workers, including their safety, health,
and working conditions. They include regulations on working hours and
night shifts for women.

6. The Companies Act, 2013: Under Section 149 of the Companies Act,
2013, companies are required to have at least one woman director on their
board, encouraging gender diversity at the leadership level.

7. Prevention of Sexual Harassment: the government has issued guidelines

known as the POSH Guidelines, which provide a comprehensive framework
for organizations to prevent and address sexual harassment. These
guidelines help employers establish ICCs and promote a safe work
environment.

Landmark case of sexual harassment at workplace

Vishaka v. State of Rajasthan (1997):

In this case, Bhanwari Devi, a social worker, was gang-raped by a group of men
when she tried to prevent a child marriage in a village in Rajasthan. When she
sought justice, the local court acquitted the accused, which led to widespread
protests and demands for legal reforms to protect women from sexual
harassment and assault.

The case eventually reached the Supreme Court of India, where a group of
organizations and individuals, led by the Vishaka Women's Initiative, filed a
Public Interest Litigation (PIL) seeking legal guidelines and measures to prevent
sexual harassment at workplaces. The petitioners argued that such incidents
were not limited to rural areas and those women across the country faced
harassment at their workplaces.

Legal issue:
  When sexual harassment in work place is not mention in any law, can a
writ petition be filed to make a law for it?
 What is sexual harassment in work place and how to deal with it to
prevent it

Judgement of Supreme Court

The Supreme Court of India recognized that sexual harassment at the
workplace violates women's fundamental rights. It established the Vishaka
Guidelines, which mandatory to create Internal Complaints Committees in
organizations to address sexual harassment complaints. These guidelines
served as interim measures until specific legislation was enacted, highlighting
the importance of a safe and harassment-free work environment for women.
This case was a significant step towards addressing and preventing sexual
harassment in Indian workplaces.

Conclusion
As per the constitution of India men and women are placed on a same pedestal
regardless of their religion, race and caste but in India vulnerable members of
the society more often subjected to discrimination at work place. Centre and
state governments should seriously address the problem being faced by
vulnerable member of society such as women and LGBTQ. Government should
also take steps towards framing various social welfare schemes for betterment.

Reference
https://www.indiacode.nic.in/

https://indiankanoon.org/

https://blog.ipleaders.in/