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Workplace discrimination remains a pressing issue in India despite constitutional guarantees, legal protections, and corporate policies aimed at ensuring equality. Discrimination based on gender, caste, religion, disability, and other identity factors continues to persist, affecting hiring, promotions, wages, and overall workplace culture. Moreover, India currently lacks a comprehensive, codified non-discrimination statute that regulates employers and compensates victims of discrimination.
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.” In the Indian workplace, Great Place To Work® research indicates that age-based discrimination is the most prevalent form of bias employees face.
Global trends also influence India’s non-discrimination efforts. The recent rollback of DEI policies in the United States—including diminished support for affirmative action, diversity training, and protections for marginalized groups—has raised concerns about corporate commitments to inclusion worldwide. Many multinational corporations are scaling back their DEI initiatives, which could have ripple effects in India. However, India’s increasing legal and corporate focus on workplace inclusion may counterbalance these international regressions, reinforcing the importance of strong non-discrimination measures.
Understanding Discrimination at The Workplace Through Data
Global data from the International Labour Organization (ILO) highlights that gender-based discrimination has hindered nearly 50% of the population from reaching their full potential. In India, this disparity is evident in the persistent gender pay gap, where women earn only ₹40 for every ₹100 earned by men.
Within corporate India, while 92% of organizations have implemented gender-neutral policies addressing workplace harassment, including provisions against sexual harassment (POSH) and microaggressions, only 53% of companies have taken strict action against managers who engage in discriminatory practices. Additionally, only 56% of organizations include a clause in their offer letters emphasizing zero tolerance for discrimination, thus indicating a gap in enforcement and accountability.
Legal Protections Against Workplace Discrimination in India
India’s legal framework safeguards employees from workplace discrimination and harassment. The Equal Remuneration Act, 1976 mandates equal pay, while the Sexual Harassment Act, 2013 ensures protection against workplace harassment. The Rights of Persons with Disabilities Act, 2016, and the Transgender Persons Act, 2019 prohibit discrimination and promote inclusion. The Industrial Disputes Act, 1947 addresses wrongful termination, and the Maternity Benefit Act, 1961 (amended in 2017) provides paid leave and job security for pregnant, adoptive, and commissioning mothers. These laws collectively promote workplace equality in India.
A Call To Action for Indian Workplaces
Great Place To Work research reveals that in India’s Best WorkplacesTM, 89% of employees report a positive experience regarding non-discrimination. Additionally, employees who experience a discrimination-free workplace are 2.4 times more likely to feel a sense of belonging.
Thus, to foster truly inclusive workplaces, organizations must go beyond legal compliance and actively promote non-discrimination measures:
- Develop Clear Anti-Discrimination Policies
Draft comprehensive policies that explicitly prohibit discrimination, harassment, and retaliation in the workplace. Ensure these policies are easily accessible to all employees and effectively communicated through onboarding, training sessions, and company handbooks. - Conduct Regular Awareness and Sensitization Training
Educate employees on diversity, equity, and inclusion (DEI) principles to foster a more inclusive workplace. Provide specialized training for managers and HR personnel on bias prevention, fair hiring practices, and handling discrimination complaints effectively. - Ensure Robust Complaint Redressal Mechanisms
Establish strong grievance redressal mechanisms, including Internal Complaints Committees, to address workplace discrimination concerns. Implement anonymous reporting channels to encourage employees to report issues without fear of retaliation. - Foster Inclusive Hiring and Promotion Practices
Adopt affirmative action measures to ensure diverse hiring and equal career advancement opportunities. Implement blind recruitment techniques, such as anonymized resumes and structured interviews, to minimize biases in hiring decisions. - Enhance Accessibility for Persons with Disabilities
Provide reasonable accommodations, including accessible workspaces, assistive technology, and flexible work arrangements, to support employees with disabilities. Ensure digital accessibility by optimizing internal systems and tools for individuals using assistive devices.
Conclusion
While India has made significant strides in combating workplace discrimination, much work remains to be done. Addressing discrimination requires a combination of strong legal frameworks, organizational commitment, and cultural shifts. By fostering inclusive work environments, promoting diversity, and ensuring equal opportunities for all, India can move closer to achieving true workplace equality and equity.
Get Certified to Showcase Your Commitment
Achieving Great Place To Work Certification™ is an excellent way to demonstrate your organization’s commitment to employees’ overall well-being and experience. This Certification not only enhances your employer branding but also helps attract and retain top talent. It highlights to current and prospective employees that your organization values their overall well-being, fostering an environment where they feel appreciated and supported.
By implementing a culture of trust, respect, and collaboration, you can create a workplace where employees feel valued and connected. Certification also provides a benchmark for continuous improvement, helping you identify areas where you can further enhance employee well-being and overall workplace culture.
