The document discusses discrimination and equal employment opportunity (EEO) in India, highlighting the constitutional mandate against discrimination, existing laws such as the Equal Remuneration Act and the Rights of Persons with Disabilities Act, and the need for private sector compliance. It notes the occurrence of workplace discrimination in recruitment and post-employment practices and emphasizes affirmative action as reverse discrimination. Furthermore, it outlines the commitments of organizations like the Digital Empowerment Foundation to promote fairness and inclusivity in employment practices.

1. Discrimination & EEO

2. Discrimination
• Discrimination is the act of making an unfavourable
distinction for a being based on the group, class, or
category to which they are perceived to belong.
Discrimination can be justified or prejudicial.
• The Constitution of India is clear in its mandate – “The
State shall not discriminate against any citizen on the
grounds only of religion, race, caste, sex, place of birth
or any of them.” However, it is vital to note that this
provision is restricted to the State and its entities, and
does not cover private corporations.
• India lacks a comprehensive and codified anti-
discrimination statute regulating employers as well as
compensation for victims of discrimination.

3. Discrimination
• Discrimination against, or profiling of individuals
can occur at two stages –
(i) Pre-recruitment: rejecting potential candidates
on the basis of their gender, religion, caste,
marital status, pregnancy etc., stemming either
from certain assumptions regarding their work
ethic or product, or personal considerations of
recruiters and so on.
(ii) Post-recruitment: discrimination manifests in
lesser pay, fewer benefits and/or leave or even
termination, based on the same grounds.

4. Workplace Discrimination
• Discrimination occurs when someone is treated
unfavorably because of a certain attribute. Discrimination
may involve some or all of the following:
(i) Conduct that can be considered harassing, coercive or
disruptive, including sexual harassment
(ii) Making offensive ‘jokes’ about another worker’s clan,
ethnic background, colour, sex or disability
(iii) Expressing negative stereotypes about particular groups
e.g. “married women shouldn’t be working.”
(iv) Judging someone on their political or religious beliefs
rather than their work performance.
(v) Using selection processes based on irrelevant attributes
such as ethnic or clan group, age, sex or disability rather
than on knowledge, skills and merit.

5. Acts against Discrimination
• The Equal Remuneration Act 1976
• The Maternity Benefit Act 1961
• The Rights of Persons with Disabilities Act
2016
• The Sexual Harassment of Women at
Workplace (Prevention, Prohibition And
Redressal) Act 2013 (PoSH Act)

6. The Equal Remuneration Act 1976
• The Equal Remuneration Act 1976 (“ERA”) is aimed to
prevent gender-based discrimination in the workplace.
• ERA prescribes that men and women must be paid equal
wages for the same (or similar) work, and also that no such
discrimination be made while recruiting for the same (or
similar) work either, unless employment of women in that
category of work is prohibited under applicable law .
• Even though employees cannot claim compensation under
the ERA, they can claim the amount of wages denied to
them. Further, stringent action awaits on employer for
violation of either of these provisions – he will be punished
with fine and/or imprisonment, with aggravated
punishment for repetition.

7. The Maternity Benefit Act 1961
• The Maternity Benefit Act 1961 (“MB Act”) aims to provide paid
maternity leave to women employees and related aspects.
• The MB Act prohibits termination of employment of pregnant
woman employee and mandates maternity benefit to such
women. Further, there shall be no deduction from her wages if
she is unable to perform certain strenuous tasks during the
course of her employment.
• The employer will be liable to be punished with imprisonment or
fine under Section 21 of the MB Act, for contravention of the
above provisions.
• The MB Act was recently amended in the year 2017 to provide
for increased maternity benefit to pregnant women employees
and also to provide maternity benefit to adoptive and
commissioning women employees.

8. The Rights of Persons with Disabilities
Act 2016
• The Rights of Persons with Disabilities Act 2016 (“RPD Act”)
is a very progressive legislation, establishing in
unambiguous terms that there shall be no discrimination in
Government employment against persons with disabilities.
• The RPD Act includes private companies in the definition of
‘establishment’ in Section 2(i), and there is an argument to
be made that the ‘non-discrimination for promotion’
principle embodied in Section 20(3) may apply to private
entities too.
• Therefore, every establishment is required to formulate an
‘Equal Opportunity Policy’ , and every Government
establishment must appoint a Grievance Redressal Officer
as well . The employer will be punishable with fine for
contravention of the mandate of this RPD Act.

9. PoSH Act
• Sexual harassment is the most egregious form of discrimination
against women. In recognition of this, The Sexual Harassment of
Women at Workplace (Prevention, Prohibition And Redressal)
Act 2013 (“PoSH Act”) empowers the Internal Complaints
Committee to recommend a compensatory sum to be deducted
from the wages of the perpetrator and provided to the victim.
• PoSH Act is fully applicable to private sector organisations by
virtue of Section 2(o)(ii), and is currently the only legislation in
India entitling a victim of discrimination in the workplace to avail
of compensation, even if such discrimination does not occur at
the hands of the employer himself.
• Offences punishable under the PoSH Act can also be prosecuted
under Section 354 of the Indian Penal Code 1860 for criminal
action against the perpetrator.

10. Reverse Discrimination/Affirmative
Actions
• In India, affirmative action is known as "preferential
treatment", "protective discrimination" or "reverse
discrimination". It is known by the name of reverse
discrimination because it involves discrimination in
favour of those who, until recently, had themselves
been the victims of discrimination.
• The goal of affirmative action, for example, was to level
the playing field for minorities in employment and
higher education. What sometimes ends up happening
is that historically dominant groups receive unfair and
discriminatory treatment as the direct result of
affirmative action and similar programs.

11. Reverse Discrimination/Affirmative
Actions
Examples Of Reverse Discrimination:
• Failure to promote a well qualified employee (favoring a
less qualified employee or applicant instead)
• Firing or demoting an employee on the basis of race or
gender
• Making personnel decisions based on race or gender
*SEBI Clause 49 of the listing agreement may be
ammended to require listed companies to state their
policy on affirmative action in providing jobs to identified
categories (women, Dalits, physically handicapped, ex-
servicemen and so on, without stipulating the types or
quotas)

12. EEO (Equal Employment Opportunity)
• Indian constitution encapsulates social safeguard
measures for all citizens of India in Article 15 and
Article 16.
• Article 15 mandates prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth.
• Article 16 mandates equal opportunity in matters of
public employment. Article 16(2) further states that no
citizen shall on grounds only of religion, race, caste,
sex, descent, place of birth, residence or any of them,
be ineligible for, or discriminated against in respect of,
any employment or office under the State.

13. Digital Empowerment Foundation
(DEF)
• Digital Empowerment Foundation (“DEF”) has endeavored to
capture the spirit of the above national and international statues in
EEO and Anti-discrimination Policy.
• DEF is committed to promoting equal employment opportunities
and a workplace that is free of all forms of discrimination.
• Equal opportunity means that all staff experience fairness,
impartiality and equal access to all career initiatives in the DEF.
• DEF commitment to equal opportunity promotes an inclusive work
environment that values and accepts the diverse cultural and social
backgrounds of its staff.
• This EEO and Anti-Discrimination Policy is consistent with the DEF’s
pursuit of excellence. This policy is underpinned by a set of values
and key guiding principles in the building of a community of all
employees.

14. EEO Policy Objectives
• The objectives of this Equal Employment Opportunity (EEO) and
Anti-Discrimination Policy are to ensure that all:
(i) DEF’s employees or potential employees do not suffer unfair
discrimination in the workplace.
(ii) Individuals and groups within the DEF work in an environment
where all decisions are free of discrimination, where they have
equal opportunity based on relevant abilities and merit.
(iii) Employees are encouraged to take positive action towards
promoting equal opportunity throughout the organization.
(iv) Personnel actions, such as compensation, benefits, transfers,
layoffs, company-sponsored training programs, and social and
recreational programs, will be administered on a
nondiscriminatory basis.
(v) Application of labour laws to be uniformly applied in the
organization

15. EEO and provision of services
• It refers to the principle which ensures that all employees
and potential employees of DEF are treated equitably and
fairly, regardless of their race, sex or disability. Everyone
has an equal chance when applying for jobs or promotions,
training opportunities and in their working conditions.
• The following activities shall be conducted in a uniform
manner:
(i) Recruitment procedure and selection criteria, for
appointment or engagement of a person as an employee;
(ii) Promotion and transfer of an employee;
(iii) Training and staff development for an employee; and
(iv) Terms of employment or any other employee related
activity.

16. Questions?