India
Answer ... The Constitution provides for equality of opportunity in matters of public employment as a fundamental right. The Constitution prohibits discrimination on the grounds of:
- race;
- gender;
- religion;
- place of birth;
- domicile;
- caste; and
- descent.
Additionally, the Industrial Disputes Act 1947 and the Industrial Establishment (Standing Orders) Act 1946 set out a list of unfair labour practices and misconduct for employers and employees respectively. Unfair labour practices are prohibited under the Industrial Disputes Act 1947 and some may amount to harassment in the workplace. Similarly, an employee who is charged of misconduct that amounts to any kind of harassment will be subject to punishment.
In specific circumstances, employees in the private sector can also seek protection against discrimination on the grounds that this constitutes a bad-faith action on the part of the employer. However, there is no specific statute in this regard.
The Equal Remuneration Act 1976 prohibits discrimination on the grounds of gender and against women in matters of employment (eg, recruitment, salary).
Further, the Rights of Persons with Disabilities Act 2016 prohibits employers from discriminating on the grounds of disability, except where this is a proportionate means of achieving a legitimate aim.
The federal government has also enacted the HIV and AIDS (Prevention and Control) Act 2017, which prohibits discrimination or unfair treatment against persons with HIV or AIDS in matters of employment. Also, anyone who is living or has lived with a person who is HIV positive is protected against discrimination.
India
Answer ... Please see question 4.1.
India
Answer ... Generally in India, employers implement policies that prohibit discrimination on the grounds of:
- gender;
- caste;
- race;
- religion;
- sexual orientation; and
- disability.
Additionally, employers conduct various training and awareness programmes for their employees to raise awareness of the issue of discrimination and the procedures for reporting it.
India
Answer ... Anyone who is discriminated against may approach the employer’s grievance redressal committee. In specific circumstances, private sector employees can also seek protection against discrimination on the grounds that this constitutes a bad-faith action on the part of the employer. However, there is no specific statute in this regard.
Where a person is discriminated against on the grounds of disability, the aggrieved employee may approach the designated authority prescribed under the equal opportunity policy of the employer.
India
Answer ... Based on the circumstances of each case, any employee who is found guilty of discrimination in the workplace will be subject to appropriate punitive actions under the service rules/policies of the employer, including but not limited to termination of employment.
India
Answer ... Employers must establish an internal committee in each offices with 10 or more employees in order to handle grievances regarding sexual harassment.
All other forms of harassment, bullying and retaliation/victimisation are dealt with under the service rules/policies of the employer. Generally, employers designate a senior-level officer or a committee of senior-level officers to handle such complaints. On receipt of a complaint relating to harassment, bullying or retaliation/victimisation, the officer or officers can:
- initiate formal disciplinary proceedings against the delinquent employee; and
- if the employee is found guilty, order punishment under the service rules/policies of the employer.