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In Patna, Bihar's capital city, and throughout India, job discrimination is identified by the denial of equal treatment to potential or current employees in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The Constitution of India prohibits discrimination based on religion, race, caste, sex, place of birth, or any of them. This prohibition applies to employment as well.
Recent years have seen further evolution in Indian labour laws, with the introduction of anti-discrimination laws that acknowledge sexual orientation and gender identity. However, there is still labour discrimination, which makes legal guidance beneficial.
While the national law categorically discourages employment discrimination, enforcing these rights can be a complex process. You may require the assistance of a lawyer when:
While Article 16 of the Indian Constitution ensures equal opportunity in public employment, The Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, further prohibits discrimination based on caste. The Bihar Government has launched policies to promote equal opportunities in recruitment and skill development, like the Bihar Skill Development Mission. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is a landmark act aiming to protect women from workplace discrimination.
Yes, if you have been discriminated against in the workplace based on a protected characteristic, you may claim compensation from an employment tribunal.
Discrimination in a job interview can take several forms like inappropriate questioning about your personal life, denying opportunity based on age, gender, caste, or religion, and exploiting language or physical barriers.
Keep a detailed record of all discriminatory incidents, including dates, times, places, people involved, any witnesses, and the nature of the discrimination. Emails, memos, letters can be potentially useful evidence.
You would require a lawyer specialized in labour and employment law, specifically handling discrimination cases.
Any form of discrimination, including caste-based discrimination, is illegal under constitutional and local laws of India.
You can report job discrimination to your office's HR department. If the internal method is unsatisfactory, you can report it to local authorities or seek legal counsel.
No. With the recent decriminalization of homosexuality in India, discrimination based on sexual orientation is illicit under anti-discrimination law.
Yes, as per India's Equal Remuneration Act of 1976, unequal payment for equal work is deemed discriminatory and illegal.
Upon submission of a complaint, an investigation will be conducted. The employee alleging discrimination may also wish to contact an attorney.
No, firing an employee for reporting alleged job discrimination is considered retaliatory discharge and is illegal.
The Equal Opportunity Cell of Patna University may offer resources and guidance. The local labour department is also an essential body to consult. Certain non-profit organisations like Sakhi in Patna offer great resources and support too.
If you believe you have been a victim of job discrimination, it is essential to consult an attorney to help you gather supportive evidence and guide you through the administrative complaints process. Legal counsel can provide comprehensive knowledge about your rights and discuss the best strategy to ensure justice.
