Can I File A Complaint If My Employer Discriminates Against Me In Delhi?

Workplace discrimination represents the right to work, along with dignity and respect. It is one of the greatest discontents on the productivity scale. Besides, in Delhi and other parts of India together with the rest of the country, various labor laws and regulations statutorily prohibit all forms of discrimination by working persons based on caste, gender, religion, disabilities, etc. In case of discrimination, never forget that you have the legal right to seek remedial action and redress. 

What is Discrimination in the Workplace?

Discrimination in the workplace can affect one’s career opportunities, stop one from getting a decent payment, create a hostile environment, or cause simply emotional distress to a certain individual.  It refers to influence upon employees that can alter productivity and affect morale in the workplace. One resolution of discrimination ensures fairness and equity in the workplace and helps promote professional development and inclusivity.

Types of Discrimination

• Caste discrimination: The different treatment of employees based on caste; through SCs and STs.
• Gender discrimination: Unequal pay, sexual harassment, opportunity denial to women and transgender persons.
• Religious discrimination: Prejudice on the grounds of a person’s religion and other religious practices or attire.
• Disability discrimination: Unreasonable establishment of constraints to accommodate the needs of disabled persons or denial of equal opportunity to the disabled.
• Age discrimination: This kind of discrimination is based on the age of the victim, and usually older workers are more affected.
• Pregnancy and maternity discrimination: Discrimination against any woman on grounds of pregnancy, maternity leave, or disease that is closely related to pregnancy or maternity.
• Sexual orientation discrimination: Prejudicial behavior against people of a different sexual orientation, which includes sexual identity for non-heterosexuality such as LGBTQ+.

Legal Framework on Workplace Discrimination

Constitution of India:

• Equality before the law under Article 14.
• Article 15 forbids discrimination on the basis of race, caste, religion, sex, or place of birth.
• Right to equal opportunities in public employment under Article 16.

Rights of Persons with Disabilities Act (2016):

This legislation seeks to protect persons with disabilities in terms of equal opportunities and reasonable accommodation.

Equal Remuneration Act (1976):

For work of the same or similar nature, equal pay shall be given to every working man and woman.

Sexual Harassment of Women at Workplace Act (2013):

The Act gives protection against sexual harassment of women in the workplace and makes it compulsory for every establishment to set up an Internal Complaints Committee.

Complaints of discrimination are looked into by the Delhi Commission for Women (DCW) and the Delhi Human Rights Commission (DHRC). 

Steps to Take Before Filing a Complaint

Documenting Incidents:

• Keep all discrimination instances recorded in detail: date, time, place, names of those involved, etc.
• Preserve for future reference any email, text message, or other corroboration of discriminatory actions.

Gathering Evidence:

• Collect statements from other persons who bore witness.
• Make copies of every review of work performance, pay slips, or the like.

Out-of-court Attempts:

• Take the matter up with the HR or superiors.
• If there is an anti-discrimination policy as such within the business, follow its laid process for redressal of grievances.

Check Company Policies:

Employees are urged to check the employee handbook and organizational policies on discrimination, grievances, and harassment.

Filing a Complaint

Internal Complaints Mechanism:

• Every organization has an ICC dealing with cases of sexual harassment.
• If the organization has an internal grievance-redressal mechanism regarding human resources, all complaints shall be made through this mechanism.

External Complaints Options:

• The Labour Department in Delhi also entertains complaints from employees against discrimination with regard to unequal pay scales or unfair treatment in matters of promotion, demotion, etc. 
• The Delhi Human Rights Commission accepts cases of violation of human rights, including workplace discrimination.

Other Relevant Authorities:

• The NCSC deals with caste-based discrimination complaints.
• For disability-related cases, the Chief Commissioner for Persons with Disabilities has the authority to approach.

The Complaints Process

What Happens After Filing?

• After a complaint is filed, the relevant authority will study the case and commence an inquiry.
• The employer may have to submit statements or documents in support of its position.

Investigation Procedures:

• The process of investigation would involve interviewing the complainant, witnesses, and the employer.
• A report will be prepared with findings and suggestions for further action.

Timeline and Follow-Up:

• An investigation usually lasts a few weeks or a few months depending on the matter being complex.
• If no resolution is achieved, one has a right to approach labor courts or human rights commissions.

Retaliation Protections

Legal Protection from Retaliation:

• The employer cannot dismiss, demote, or blackmail an employee for proceeding with a discrimination complaint.
• Protection against retaliation is covered under the Whistleblower Protection Act and labor laws.

Steps to Take in Case of Retaliation:

• Report retaliation to the same body with which the original complaint was filed.
• Seek legal help if further needs are required.

Conclusion

Filing a complaint can be seen as initiating the process of justice and equity in the workplace. While this whole act might seem very tedious, having an insight into one’s rights and the procedures of law is empowering to act on.

In a conscious decision, the worker decides to take a stand against discrimination for himself alone. With his action, he begins to support an environment where others can too live in freedom from bias. If, in Delhi, you feel there is discrimination against you in the workplace, please do not hesitate to create your voice or take any action against those unfair practices.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.

FAQs

Can my employer retaliate by filing a discrimination complaint?

No. Indian labor laws have built-in provisions to provide immunity from retaliation. Under the Whistle blower Protection Act and other labor laws, the employer cannot fire, demote, harass, or threaten an employee who has filed a complaint against him. If retaliation occurs, it must be reported to the same agency that is dealing with your complaint or a lawyer’s assistance must be sought.

How long will this complaint process take?

The duration of the process could be from weeks to months, depending on the complexity of the case.

• Internal investigations by HR or ICC could take from weeks to months.
• Government bodies like the Labour Commission or DHRC usually take some months to investigate and arrive at a decision.
• These cases can take even longer if they go to labor courts or human rights commissions. Keeping track of records and following up shall speed up the process.

What redress do I have when my complaint is upheld?

If a complaint is valid, you could receive the following redress:

• Compensation for loss of wages or mental agony.
• Reinstatement in the job if dismissed without just cause.
• Punitive action against the employer, including fines or orders for corrective action.
• Changes in workplace practices, like mandatory sensitivity training or amendments to policies.
• Where grave violations are committed against employees, legal action against the employers shall arise.