Best Job Discrimination Lawyers in Patna

About Job Discrimination Law in Patna, India

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.

Why You May Need a Lawyer

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:

• Facing direct or indirect discrimination in your workplace
• Facing victimisation for standing against discriminatory practices in your workplace
• Facing disparity in wages on bases like sex, caste, or religion
• You feel your employer has failed to make reasonable adjustments for your disability, causing a disadvantage

Local Laws Overview

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.

Frequently Asked Questions

1. Can I claim compensation for job discrimination in Patna?

Yes, if you have been discriminated against in the workplace based on a protected characteristic, you may claim compensation from an employment tribunal.

2. What constitutes discrimination in a job interview?

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.

3. How can I document job discrimination?

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.

4. What sort of lawyer do I need?

You would require a lawyer specialized in labour and employment law, specifically handling discrimination cases.

5. Can a private employer in Patna, India discriminate based on caste?

Any form of discrimination, including caste-based discrimination, is illegal under constitutional and local laws of India.

6. How can I report job discrimination?

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.

7. Can employers discriminate based on sexual orientation?

No. With the recent decriminalization of homosexuality in India, discrimination based on sexual orientation is illicit under anti-discrimination law.

8. Is unequal pay for equal work illegal?

Yes, as per India's Equal Remuneration Act of 1976, unequal payment for equal work is deemed discriminatory and illegal.

9. What happens after a discrimination case is reported?

Upon submission of a complaint, an investigation will be conducted. The employee alleging discrimination may also wish to contact an attorney.

10. Can I be fired for reporting job discrimination?

No, firing an employee for reporting alleged job discrimination is considered retaliatory discharge and is illegal.

Additional Resources

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.

Next Steps

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.