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Ruchi Bhatia
Women Workplace issues
and Legal Remedies
Twitter @rucsb
Issues Women Face at Work
Workplace issues
1. Pregnancy Discrimination
2. Sexual Harassment
3. Gender Pay Gap
4. Race and Ethnicity
5. Climbing the career ladder
6. Work Life Imbalance
7. Exclusion from boys club
8. Gender Bias & Sexism
9. LGBT Non -Inclusion
10. Non Inclusive Workplaces
Facts regarding Issues Women Face at Workplace
The Guardian reports that approximately 50,000 women per year lose their jobs as the result of a pregnancy or having had a child,
while many female workers return to work only to realise that their job duties have changed or that they can no longer progress
within their role. Why should we continue to deal with this kind of discrimination? Men don’t have the same issue when becoming
a father, but they too sacrifice as much of their personal time when raising a child.
Women in India earn 20 per cent less than men, indicating that gender plays an important parameter while
determining salaries in India, says a report. According to the latest 'Monster Salary Index' (MSI), men earned a
median gross hourly salary of Rs 231, compared to women, who earned only Rs 184.8.
What is Glass Ceiling?
Origin of the phrase: The term was used in a 1984 book, The Working Woman Report, by Gay Bryant. Later it was used in a 1986 Wall Street
Journal article on barriers to women in high corporate positions.The Oxford English Dictionary notes that the first use of the term was in 1984, in
Adweek: "Women have reached a certain point - I call it the glass ceiling. They're in the top of middle management and they're stopping and
getting stuck."
Glass Ceiling: An invisible upper limit in corporations and other organizations, above which it is difficult or impossible for women to rise in the
ranks. It is glass because it's not usually a visible barrier, and a woman may not be aware of its existence until she "hits" the barrier. In other words,
it's not an explicit practice, though specific policies, practices, and attitudes may exist that produce this barrier without intention to discriminate. 
Sexual Harassment #MeToo
What actions constitute sexual
harassment?
Sexual Harassment is constituted of unwelcome
acts or behavior (whether directly or by
implication) related to implied or explicit promises
and threats of preferential or detrimental
treatment in either present or future employment
and creation of an offensive and health risk
environment for women.
Indian laws refer to such unwelcome acts or
behavior being any of the following
• physical contact and advances;
• demand or request for sexual favors;
• making sexually colored remarks;
• showing pornography;
• any other unwelcome physical, verbal or
non-verbal conduct of a sexual nature.
Sexual Harassment at Workplace
#MeToo
The MOW&CD, GOI goes a step further to elaborate for concerned
persons and organisations that the below behaviours would also
inter alia constitute sexual harassment at the workplace:
• Serious or repeated offensive remarks, such as teasing related
to a person's body or appearance.
• Inappropriate questions, suggestions or remarks about a
person's sex life
• Displaying sexist or other offensive pictures, posters, mms,
SMS, WhatsApp, or e-mails.
• Invasion of personal space (getting too close for no reason,
brushing against or cornering someone).
• Persistently asking someone out, despite being turned down.
• Stalking an individual.
#POSH - Legal Remedy
How ready are Indian companies compared to other countries, especially when there is
the new Sexual Harassment Act?
Indian companies are nearly at bottom of pyramid in the context of their readiness on the issue. This can primarily be attributed to the late incorporation of the
Sexual Harassment of Women at Workplace Act 2013 in the Indian law. While most companies have formed Internal Complaint Committee (ICC) (as mandated
by the law and which carries a penal action in case of failure to do so), they are still far from developing ICC as a robust institutional system. Glaring gaps also
exist in domains of employee sensitisation and training efforts, issue management, awareness and human resource angles. 
What are the prevailing pain points as to why organizations find it challenging to
address sexual harassment at the workplace?
Even with the law in place, most companies still find it difficult to address issues pertaining to sexual harassment at workplace.
The main pain points being:
• Training and Sensitisation
• Acceptance of the issue 
• Redressal systems
• Constituents of Internal Complaint Committee (ICC)
• Development of robust institutional structure (a system which is both fair and appears to be fair)
LGBT Inclusion
Article 377 Gunned
Down - Yay !
In fact, according to a report
curated by MINGLE – a think-
tank that works towards LGBT
empowerment – most LGBT
employees remain closeted due
to subtle and overt homophobia.
•
Of the 100 respondents from Indian
and foreign multinationals interviewed,
only a small minority of 4 percent were
covered by same-sex partnership
benefits

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Women issues at work

  • 1. Ruchi Bhatia Women Workplace issues and Legal Remedies Twitter @rucsb
  • 2. Issues Women Face at Work Workplace issues 1. Pregnancy Discrimination 2. Sexual Harassment 3. Gender Pay Gap 4. Race and Ethnicity 5. Climbing the career ladder 6. Work Life Imbalance 7. Exclusion from boys club 8. Gender Bias & Sexism 9. LGBT Non -Inclusion 10. Non Inclusive Workplaces
  • 3. Facts regarding Issues Women Face at Workplace The Guardian reports that approximately 50,000 women per year lose their jobs as the result of a pregnancy or having had a child, while many female workers return to work only to realise that their job duties have changed or that they can no longer progress within their role. Why should we continue to deal with this kind of discrimination? Men don’t have the same issue when becoming a father, but they too sacrifice as much of their personal time when raising a child. Women in India earn 20 per cent less than men, indicating that gender plays an important parameter while determining salaries in India, says a report. According to the latest 'Monster Salary Index' (MSI), men earned a median gross hourly salary of Rs 231, compared to women, who earned only Rs 184.8. What is Glass Ceiling? Origin of the phrase: The term was used in a 1984 book, The Working Woman Report, by Gay Bryant. Later it was used in a 1986 Wall Street Journal article on barriers to women in high corporate positions.The Oxford English Dictionary notes that the first use of the term was in 1984, in Adweek: "Women have reached a certain point - I call it the glass ceiling. They're in the top of middle management and they're stopping and getting stuck." Glass Ceiling: An invisible upper limit in corporations and other organizations, above which it is difficult or impossible for women to rise in the ranks. It is glass because it's not usually a visible barrier, and a woman may not be aware of its existence until she "hits" the barrier. In other words, it's not an explicit practice, though specific policies, practices, and attitudes may exist that produce this barrier without intention to discriminate. 
  • 4. Sexual Harassment #MeToo What actions constitute sexual harassment? Sexual Harassment is constituted of unwelcome acts or behavior (whether directly or by implication) related to implied or explicit promises and threats of preferential or detrimental treatment in either present or future employment and creation of an offensive and health risk environment for women. Indian laws refer to such unwelcome acts or behavior being any of the following • physical contact and advances; • demand or request for sexual favors; • making sexually colored remarks; • showing pornography; • any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
  • 5. Sexual Harassment at Workplace #MeToo The MOW&CD, GOI goes a step further to elaborate for concerned persons and organisations that the below behaviours would also inter alia constitute sexual harassment at the workplace: • Serious or repeated offensive remarks, such as teasing related to a person's body or appearance. • Inappropriate questions, suggestions or remarks about a person's sex life • Displaying sexist or other offensive pictures, posters, mms, SMS, WhatsApp, or e-mails. • Invasion of personal space (getting too close for no reason, brushing against or cornering someone). • Persistently asking someone out, despite being turned down. • Stalking an individual.
  • 6. #POSH - Legal Remedy How ready are Indian companies compared to other countries, especially when there is the new Sexual Harassment Act? Indian companies are nearly at bottom of pyramid in the context of their readiness on the issue. This can primarily be attributed to the late incorporation of the Sexual Harassment of Women at Workplace Act 2013 in the Indian law. While most companies have formed Internal Complaint Committee (ICC) (as mandated by the law and which carries a penal action in case of failure to do so), they are still far from developing ICC as a robust institutional system. Glaring gaps also exist in domains of employee sensitisation and training efforts, issue management, awareness and human resource angles.  What are the prevailing pain points as to why organizations find it challenging to address sexual harassment at the workplace? Even with the law in place, most companies still find it difficult to address issues pertaining to sexual harassment at workplace. The main pain points being: • Training and Sensitisation • Acceptance of the issue  • Redressal systems • Constituents of Internal Complaint Committee (ICC) • Development of robust institutional structure (a system which is both fair and appears to be fair)
  • 7. LGBT Inclusion Article 377 Gunned Down - Yay ! In fact, according to a report curated by MINGLE – a think- tank that works towards LGBT empowerment – most LGBT employees remain closeted due to subtle and overt homophobia. • Of the 100 respondents from Indian and foreign multinationals interviewed, only a small minority of 4 percent were covered by same-sex partnership benefits