Sex and Gender Discrimination Laws in Employment under Employment Law
Sex and Gender Discrimination Laws in Employment
1. Introduction
Sex and gender discrimination in employment occurs when an employee or job applicant is treated unfavorably because of their sex, gender identity, pregnancy, marital status, or related characteristics. Employment Law prohibits such discrimination and ensures equal opportunity, equal pay, and protection against harassment.
The rationale is to promote gender equality, social justice, and economic participation in the workplace.
2. Forms of Sex and Gender Discrimination
Direct Discrimination
Treating a person unfavorably explicitly because of sex or gender.
Example: Denying promotion to a female employee solely because she is a woman.
Indirect Discrimination
Policies or practices that are neutral on face value but disproportionately disadvantage one gender.
Example: Requiring heavy lifting as a mandatory task, effectively excluding women.
Sexual Harassment and Hostile Work Environment
Creating a work environment that is intimidating, hostile, or offensive based on sex or gender.
Pregnancy or Maternity Discrimination
Denying leave, termination, or demotion due to pregnancy or maternity.
Unequal Pay
Paying different wages for the same or substantially similar work.
3. Key Legal Provisions in India
Constitution of India
Article 14 – Right to Equality.
Article 15(3) – State can make special provisions for women.
Article 16 – Equal opportunity in public employment.
Equal Remuneration Act, 1976
Mandates equal pay for equal work and prohibits gender-based discrimination in recruitment or promotion.
Maternity Benefit Act, 1961
Protects female employees’ right to maternity leave, prohibits termination during pregnancy.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Ensures protection against sexual harassment and requires establishment of Internal Complaints Committee.
Code on Wages, 2019
Consolidates minimum wage, equal pay, and wage rights ensuring gender parity.
Industrial Employment (Standing Orders) Act, 1946
Requires fair employment practices, including non-discriminatory work conditions.
4. Judicial Pronouncements (Case Law)
Air India v. Nergesh Meerza (1981)
The Supreme Court held that compulsory retirement policies affecting women differently from men are discriminatory. Women pilots could not be retired early solely due to gender.
Vishaka v. State of Rajasthan (1997)
Landmark case where the Supreme Court laid down Vishaka Guidelines for preventing sexual harassment at the workplace, which later led to the Sexual Harassment of Women at Workplace Act, 2013.
Randhir Singh v. Union of India (1982)
Court emphasized equal opportunity in promotion and benefits, holding that gender should not be a factor in employment terms.
Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000)
The Court held that casual women employees are entitled to maternity benefits; denial was discriminatory.
Ratanlal v. Union of India (1991)
Gender-based differential pay for the same work was held to violate the Equal Remuneration Act, 1976.
Shiv Kumar v. State of Haryana (2008)
The Court confirmed that any hostile work environment, harassment, or discrimination against female employees constitutes actionable misconduct.
5. Principles Derived from Case Law
Equality Principle – Men and women must receive equal pay and opportunities for equal work.
Protection from Harassment – Employers are legally obligated to prevent sexual harassment and hostile work environments.
Maternity and Reproductive Rights – Female employees cannot be dismissed or discriminated against for pregnancy or childbirth.
Anti-Discrimination in Employment – Policies that indirectly disadvantage one gender may be struck down.
Employer Liability – Organizations are responsible for maintaining a discrimination-free workplace.
6. Conclusion
Sex and gender discrimination laws in employment ensure that employees are judged on merit, performance, and qualifications rather than sex or gender. Courts in India have progressively strengthened protections, emphasizing equality, dignity, and fair treatment, with statutory backing and enforceable remedies for violations.
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