Employee Discrimination at Workplace

What is Employee Discrimation?

Employee discrimination occurs when an employer takes adverse action against an employee or prospective employee because of certain characteristic like: race, gender, family or carer’s responsibilities, sexual orientation ,age, physical or mental disability, religion or pregnancy and maternity.

Adverse action includes, however is not limited to, demoting an employee, altering their position, refusing to employ a candidate, and of course, dismissal.If you treat someone differently because they possess different characteristics to other members of staff you could be acting unlawfully. 

Direct and Indirect Discrimation

Direct discrimination occurs when someone is treated less favourably than other employees. For example, the employee has the qualifications to do the job but you turn them down because you think they might want to start a family soon.

Direct discrimination can also occur when you pay someone less than other employees for no good reason, you don’t make reasonable adjustments for a disabled worker, you bully someone for making allegations of discrimination or you unfairly reject a request for flexible working from a new parent.

Indirect discrimination occurs when certain rules or regulations put certain staff members at a disadvantage. For example, if you insist all workers should work Sundays, this could be seen as discriminating against Christians who consider it a day of worship.

 Preventing Discrimination

The Constitution of India has several provisions which grant certain fundamental rights to its citizen, which includes right to equality.

• Article 15: It prohibits from discrimination on the grounds of religion, race, caste, sex and place of birth.
• Section 24C: It provides an environment free from discrimination in promotion by reason of disability.
• Equal Remuneration Act,1976: It is the duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature.
  
• The Maternity Benefit Act,1961: When a women absents herself from work in accordance with the provisions of this Act it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to vary to her disadvantage any of the conditions of her service.
• Protection of Civil Rights Act, 1955: If a person molests, injures, annoys, boycott, obstructs, or insults or attempt to do such act toward a person of Scheduled Caste, that person may be punished.