Discrimination at Work: Understanding Employee Rights

Discrimination at Work: Understanding Employee Rights

Workplace discrimination is not always obvious. It may appear as an unexplained salary gap, repeated exclusion from promotion or training, unequal treatment after pregnancy, or restrictions placed on a particular group of employees. Because discrimination can be subtle, employees may not realise that the law provides several ways to challenge unfair treatment.

India’s legal framework has also changed significantly. The four Labour Codes took effect on 21 November 2025, replacing 29 earlier central enactments, while the final Central Rules under them were notified on 8 May 2026.

What Changed with the Labour Codes?

The Code on Wages, 2019 prohibits gender-based discrimination in wages, recruitment and conditions of service for the same work or work of a similar nature. This protection extends to matters such as promotion, training and transfer.

The Occupational Safety, Health and Working Conditions Code, 2020 allows women to work in all establishments and kinds of work, including evening and night shifts, subject to their consent and the safety safeguards prescribed by the rules.

The Industrial Relations Code, 2020 also provides for a workplace Grievance Redressal Committee with women’s representation proportionate to their share of the workforce.

The Code on Social Security, 2020 continues maternity benefits and crèche-related obligations. Fixed-term employees are also entitled to wages and benefits on par with comparable permanent employees.

These Labour Codes operate alongside the Constitution and special anti-discrimination laws, creating a layered legal framework for workplace equality.

Where Can Discrimination Occur?

Hiring

Discrimination can begin before an employee joins an organisation. Job advertisements that unnecessarily prefer one gender, questions about marriage or plans to have children, and blanket rejection of candidates with disabilities can all raise concerns.

The Code on Wages prohibits gender-based discrimination in recruitment for the same or similar work. Separate laws also provide protection to transgender persons and persons with disabilities.

Pay and Benefits

Equal pay depends on the nature of the work rather than merely the job title.

Work may be considered the same or similar when the skill, effort, experience and responsibility involved are comparable under similar working conditions.

Therefore, employees with different designations may still be entitled to equal remuneration when they perform comparable work and the difference is based on gender.

An employer cannot solve an unlawful pay gap simply by reducing the salary of the better-paid employee.

Promotion, Training and Transfer

Discrimination can also occur after hiring. Being repeatedly denied training, promotion or important assignments because of gender, pregnancy, disability or another protected characteristic may amount to discriminatory treatment.

A sudden move to a less visible role following a pregnancy announcement or medical disclosure can also raise legal concerns.

Shifts and Deployment

Women can now work in all types of work and night hours, but their consent and prescribed safety safeguards are important.

A woman who declines a night shift should not be penalised for doing so. At the same time, an employer should not use night-work concerns as a reason to exclude women from well-paid roles.

Termination and Victimisation

Discrimination can continue through the exit process.

Termination, forced resignation or an adverse performance appraisal following a discrimination complaint, pregnancy, disability disclosure or protected workplace activity may amount to victimisation or retaliation.

For workers covered by the Industrial Relations Code, certain unfair labour practices and unlawful retrenchment can be taken before the Industrial Tribunal.

Protection for Specific Groups

Women Employees

Women receive protection relating to equal opportunity, maternity benefits and workplace sexual harassment.

The Code on Social Security provides maternity benefits and protects women from dismissal because of maternity absence. Establishments meeting the prescribed requirements must also provide crèche facilities.

The Sexual Harassment of Women at Workplace Act, 2013 requires an Internal Committee in workplaces with ten or more employees and provides protection against retaliation for making a complaint.

Transgender Persons

The Code on Wages provides gender-neutral protection against discrimination.

The Transgender Persons (Protection of Rights) Act, 2019 requires establishments to provide equal opportunity in employment, adopt an equal opportunity policy and designate a complaint officer.

The legislation was amended in 2026, making it important for employers to keep workplace policies and forms updated.

Persons with Disabilities

Employers must avoid disability-based exclusion and provide reasonable accommodation where required.

Reasonable accommodation may include an adjusted workstation, flexible working arrangements or assistive technology.

Refusing a necessary accommodation that does not create an undue or disproportionate hardship can itself raise discrimination concerns.

Persons Affected by HIV

The HIV and AIDS (Prevention and Control) Act, 2017 protects people from discrimination in employment based on HIV status.

Hiring, promotion and continued employment should not be denied because of HIV status, and the confidentiality of that status must be protected.

Fixed-Term and Contract Staff

Fixed-term employees are entitled to wages, allowances and other benefits on par with permanent employees in comparable roles.

The Labour Codes also strengthen the principal employer’s responsibility regarding basic welfare for contract workers.

What Should an Employee Do If They Face Discrimination?

If you believe you are being discriminated against at work, a practical approach is:

1. Document everything. Keep emails, chats, appointment letters, payslips, appraisal records and job descriptions. Record dates, witnesses and relevant statements.

2. Compare like with like. In a pay dispute, compare the actual skill, effort, experience and responsibility involved rather than relying only on job titles.

3. Use the internal complaint mechanism in writing. Depending on the issue, approach HR, the Grievance Redressal Committee, the Internal Committee or the designated complaint officer.

4. Keep proof of your complaint. Ask for acknowledgement and retain a copy of everything submitted.

5. Consider a legal notice. If the problem continues, a measured legal notice identifying the relevant legal provision and the relief sought may help resolve the matter.

6. Approach the appropriate authority. Depending on the issue, this may include the Inspector-cum-Facilitator or competent authority under the Wages Code, the Industrial Tribunal, the State Commissioner for Persons with Disabilities, or the appropriate committee under the sexual-harassment law.

7. Consider constitutional remedies where applicable. For discrimination involving State employers or their instrumentalities, a writ petition under Article 226 may be available before the High Court.

8. Act within applicable timelines. Limitation periods differ between forums, so unnecessary delay should be avoided.

What Should Employers Do?

Employers can reduce discrimination risks by taking practical steps such as:

• Reviewing job advertisements and descriptions for exclusionary language.
• Conducting pay audits based on skill, effort, experience and responsibility rather than job titles alone.
• Constituting the required Internal Committee and Grievance Redressal Committee.
• Ensuring the required representation of women on grievance committees.
• Adopting a written equal opportunity policy covering gender, disability and transgender persons.
• Designating a complaint officer where required.
• Establishing consent and safety procedures before rostering women for evening or night work.
• Training managers on reasonable accommodation, maternity protections and non-retaliation.
• Checking applicable State rules because States may have their own requirements under the Labour Codes.

Frequently Asked Questions

Do the new Labour Codes ban discrimination at work?
Yes, the Code on Wages expressly prohibits gender-based discrimination in wages, recruitment and conditions of service for the same or similar work. Disability, HIV status and transgender identity are addressed through separate statutes, while the Constitution provides protection against arbitrary State action.

When did the Labour Codes come into force?
The four Labour Codes became effective on 21 November 2025. The Central Rules were notified on 8 May 2026. State rules should also be checked where applicable.

Does equal pay mean everyone with the same designation must receive the same salary?
No. The relevant comparison is the work performed, including skill, effort, experience and responsibility. Fair differences based on factors such as seniority, merit, qualifications or location may be justified.

Can an employer force a woman to work a night shift?
Women may work evening and night hours only with their consent and the required safeguards. Declining a night shift should not result in a penalty or loss of opportunity.

Can an employer refuse to hire or promote a woman because she is pregnant or planning a family?
Gender-based discrimination in recruitment and service conditions is prohibited, and maternity protections apply to women employees.

Are transgender employees protected?
Yes. Gender-neutral protections under the Wages Code and the Transgender Persons (Protection of Rights) Act provide employment-related protections.

What is reasonable accommodation for a person with a disability?
It means necessary and appropriate adjustments that enable a person to perform their job, such as accessible workstations, assistive technology or adjusted schedules, provided they do not impose a disproportionate burden.

Is sexual harassment a form of discrimination?
Yes. Workplace sexual harassment violates equality and dignity, and the 2013 law requires an Internal Committee in workplaces with ten or more employees. Retaliation against a complainant can also be actionable.

Can a fixed-term employee be paid less than a permanent employee doing comparable work?
The Labour Codes provide for wages, allowances and other benefits on par with permanent employees in comparable roles. A lower rate based only on the contractual nature of employment may be challenged.

What if I am dismissed after making a discrimination complaint?
Such action may amount to victimisation or retaliation. The appropriate remedy depends on the employee’s status, the applicable statute and the forum involved.

Key Takeaways

Workplace equality is supported by several layers of Indian law.

• Gender-based discrimination in pay, hiring and service conditions is expressly prohibited under the Code on Wages.
• Women can work across shifts and roles, subject to consent and appropriate safeguards.
• Persons with disabilities, transgender persons and people affected by HIV have additional statutory protections.
• Retaliation for making a complaint can itself create a separate legal issue.
• Proper documentation and timely action can be important when pursuing a workplace discrimination complaint.