Preface
Diverse and inclusive communities are the threads that connect our global society in a vibrant, complex, and harmonious manner. Diversity and inclusion remain timeless missions in our era of constant change and progress. In order to foster a sense of belonging and embrace differences, it is imperative to acknowledge unique perspectives and embrace differences. It’s a mission that transcends cultural, social, and geographical boundaries, a journey towards building a world where every individual’s voice is not just heard but celebrated.
Throughout the world, diversity and inclusion play a vital role in driving innovation and productivity in the workplace, as well as broadening horizons and fostering understanding in schools.
Discrimination, diversity, and inclusion are intricately connected concepts, each with a profound impact on individuals, organizations, and society as a whole. The twin pillars which are diversity and inclusivity are essential for constructing a more equitable and harmonious society. They embrace and celebrate human differences, fostering an environment where everyone has the opportunity to flourish. Therefore, it is of paramount importance to combat discrimination and promote diversity and inclusion.
“Cultivating a Harmonious and Equitable Work Environment”
Diversity and inclusion in the workplace foster a vibrant and innovative environment where individuals from diverse backgrounds are respected and empowered. Embracing different perspectives and experiences not only enriches the workplace culture but also leads to better problem-solving and creativity. It is a commitment to fairness and equality that enhances employee well-being and organizational success
Diverse and inclusive communities are the threads that connect our global society in a vibrant, complex, and harmonious manner. Diversity and inclusion remain timeless missions in our era of constant change and progress. In order to foster a sense of belonging and embrace differences, it is imperative to acknowledge unique perspectives and embrace differences. It’s a mission that transcends cultural, social, and geographical boundaries, a journey towards building a world where every individual’s voice is not just heard but celebrated.
Throughout the world, diversity and inclusion play a vital role in driving innovation and productivity in the workplace, as well as broadening horizons and fostering understanding in schools. Discrimination, diversity, and inclusion are intricately connected concepts, each with a profound impact on individuals, organizations, and society as a whole. The twin pillars which are diversity and inclusivity are essential for constructing a more equitable and harmonious society. They embrace and celebrate human differences, fostering an environment where everyone has the opportunity to flourish. Therefore, it is of paramount importance to combat discrimination and promote diversity and inclusion.
Workplace Diversity Redefined: Supporting Women And LGBTQ+ Inclusion in Workforce.”
In the modern 21st century, marked by relentless development and technological evolution, as well as a myriad of advancements, one enduring issue remains unchanged: the pervasive struggle for inclusion. Discrimination and bias persist for women, transgender individuals, and people with disabilities, stemming from the intersection of their identities, adding layers of complexity to their journeys. However, discrimination isn’t confined to these groups alone; it extends to individuals with medical conditions, those from diverse regions, and many more, seemingly without end.
Discrimination takes various forms, from posing intrusive and inappropriate questions to women during interviews, such as “Are you planning to get married?” or “Do you intend to start a family soon?” or “We are looking for un-married women having 2-3 years of experience” or “Have you had gender confirmation surgery?, “Have you had gender confirmation surgery?” or “Can you manage to do the job despite your disability?” to displaying unwarranted hesitation in hiring womens individuals and transgender’s and manifesting negative attitudes toward people with disabilities. These individuals are simply seeking to simplify their already intricate lives, but such practices only further complicate their paths. What’s disheartening is that discrimination doesn’t cease after employment; interviews are just the beginning of these relentless biases.
In the recent release of Taali which portrayed the life of transgenders, Actress Sushmita plays a transwoman based on real-life activist Shreegauri Sawant, in Taali. The show maps Shreegauri Sawant’s life and journey, her daring transformation from Ganesh to Gauri and the discrimination she was subjected to because of that; her fearless journey towards motherhood, and the audacious battle that led to the inclusion and identification of the third gender on every official document in India.
Discrimination, diversity, and inclusion are intricately connected concepts, each with a profound impact on individuals, organizations, and society as a whole. The twin pillars which are diversity and inclusivity are essential for constructing a more equitable and harmonious society. They embrace and celebrate human differences, fostering an environment where everyone has the opportunity to flourish. Therefore, it is of paramount importance to combat discrimination and promote diversity and inclusion.
Importance of diversity and inclusion in ESG
In the contemporary business landscape, there is a growing emphasis on the importance of responsible corporate practices. An influential framework that has gained considerable traction in the world of investments is the Environmental, Social, and Governance (ESG) principles. ESG criteria have quickly become a crucial yardstick for evaluating corporate performance. Importantly, institutional investors are progressively taking ESG factors into account when shaping their investment strategies. Among these ESG factors, the social pillar, which includes Diversity and Inclusion (D&I), has risen to prominence.
Promoting diversity and inclusion of women and LGBTQ+ individuals in the workforce is pivotal from an ESG (Environmental, Social, and Governance) perspective. This commitment aligns with the “S” in ESG principles, as it advances social impact by reducing inequalities and fostering a more equitable society. Beyond its ethical implications, it’s a strategic move. Diverse teams offer a wider talent pool, bringing unique perspectives, experiences, and skills, ultimately driving innovation and competitive advantage. Moreover, inclusive workplaces improve employee well-being, reducing turnover, and increasing engagement, aligning with long-term sustainability goals. By creating a culture of respect and equality, companies can mitigate legal and reputational risks (the “G” in ESG) while also appealing to a broader customer base, enhancing market relevance and reputation. In essence, the integration of diversity and inclusion into ESG strategies is a holistic approach that not only adheres to ethical standards but also contributes to social progress, market competitiveness, and long-term value creation .
The benefits of diversity and Inclusion
Effective diversity management within an organization paves the way for an inclusive workplace where everyone can unleash their full potential. Studies indicate that skillful handling of diversity offers numerous advantages for both companies and their workforce, which encompass:
· Improved creativity, innovation and productivity: A diverse work group typically performs better, on average, compared to a homogenous one. People from diverse backgrounds bring a wide range of perspectives, experiences, and points of view to the table, which can lead to a richer pool of ideas and creativity. These differences create a more varied and dynamic intellectual environment, fostering innovation and problem-solving that can be beneficial for both the organization and its employees.
· Improved Employee Engagement: Inclusive workplaces often exhibit higher levels of employee satisfaction and engagement. Such environments provide employees with a sense of belonging and well-being. When employees feel they are treated equally and fairly, their satisfaction and overall engagement in their work tend to increase. This, in turn, contributes to a more positive and productive workplace atmosphere.
· Improved reputation and image: A company that actively invests in promoting diversity seizes a significant opportunity to gain a competitive edge, not only in terms of reputation but also in productivity. By cultivating an inclusive work environment, such a company can transform diversity into a distinguishing feature in the marketplace. Embracing diversity can serve as a unique selling point that sets the company apart from its competitors and contributes to its overall success.
· Broadened Talent Pool: Expanding the talent pool to include women and LGBTQ+ individuals is instrumental in enabling organizations to access fresh insights, a broader spectrum of skills, and diverse expertise. This diversity equips companies with a wider range of market understanding and the ability to cater to various customer segments, fostering adaptability and resilience in a dynamic business landscape.
· Attraction of the best people: a company that embraces diversity puts forward a positive image of itself and can, as a consequence, attract candidates interested in working in a dynamic environment that will foster their potential.
Challenges faced in diversity and inclusion
Despite the benefits highlighted above, there are significant hurdles to achieving diversity and inclusion of these individuals in the workplace. These challenges span various dimensions and must be addressed to create a more equitable and inclusive work environment.
· Organizational policy barriers: Organizations and governments often lack the necessary policies, support systems, and resources for women and LGBTQ+ individuals, which can make it challenging for them to address and overcome the unique challenges they face. In many cases, inadequate policies can act as significant barriers in the workplace for LGBT+ employees. For example, a 2015 review of FTSE 100 firms revealed that 80% of these companies did not include LGBT+ employees in their policies. Additionally, in 2018, over a third of FTSE 100 companies made no reference to LGBT+ issues in their annual reports. Examples: Non-Inclusive Parental Leave Policies, Lack of Training and Sensitization, Non-Inclusive Bathroom and Changing Facilities Policies etc.
· Gender Pay Gap: The gender pay gap in India is a long-standing issue that highlights an ongoing disparity in earnings between men and women, where women typically earn less than men for similar roles and qualifications. This wage gap is frequently shaped by societal norms, unequal opportunities, and occupational segregation, where women are often concentrated in lower-paying positions. To address this imbalance, various efforts are being made, including the implementation of policies that promote pay transparency and aim to foster gender equality in the workplace.
· Underrepresentation in Leadership: Women and LGBTQ+ individuals continue to face significant underrepresentation in leadership positions across various sectors, spanning business, politics, academia, and more. This underrepresentation is frequently attributed to deeply ingrained cultural norms and biases that serve as barriers to the advancement of women and LGBTQ+ individuals into leadership roles. As of 2020, the data from Prime Database indicates that women held only 7.7% of board seats in NIFTY 500 companies in India. This statistic highlights the substantial gender gap in corporate leadership, emphasizing the pressing need for efforts to promote diversity, equity, and inclusion in leadership roles to reflect the true diversity of society.
· Workplace Discrimination: Workplace discrimination in India is a deeply ingrained issue, and it significantly impacts marginalized communities, women, and LGBTQ+ individuals. This discrimination often takes the form of unequal treatment, bias, and harassment based on factors such as gender, sexual orientation, or ethnicity. Such discrimination can impede career growth, create a hostile work environment, and compel employees to conceal their true identities to avoid further bias and harassment. Data from a survey conducted by the Indian Bar Association indicates that around 47% of women in India have experienced workplace harassment. These statistics underscore the urgency of addressing workplace discrimination and creating environments that are inclusive, safe, and respectful for all employees, regardless of their background or identity.
Richemont Race Discrimination Case
Cheryl Spragg, an employee of Richemont (UK), which owns luxury brands including Cartier and Montblanc, was spied on by her employer, denied the opportunity to progress within the company and was bullied by HR and other staff members as a result of her skin colour. Following a back injury, Richemont placed Cheryl under close surveillance for a number of days, following her to a wedding and even receiving images of her home and garden. Undoubtedly, this act was unnerving, intimidating and upsetting for her. Cheryl was also refused internal progression on the basis that she was black and had applied for the same post on three different occasions, with all three of the recruitment decisions being made by the same people. It was found that the company had a preference for white Europeans and the judge ruling in Cheryl’s claim against race discrimination in the workplace agrees that this was an act of direct discrimination since there was a lack of transparency and properly structured processes for scoring, marking and record-keeping as well as a complete absence of interview records. The HR team had no equality and diversity training and there were no black staff members at a senior level or on the HR team. When Cheryl complained to the HR department about the various events which she considered to be discriminatory, she was told to look for a new job and was accused of causing her colleagues distress. She was even told in an email from the HR team that she wasn’t the only ‘black member of staff’ within her team and no other racism allegations had been raised in the past. After the judge heard Cheryl’s case and considered the evidence, she won her claim and was awarded compensation for the traumatic and humiliating experience.
”Incorporating Women and LGBTQ+ Communities: A key driver of Sustainable Development Goals”
GOAL-5- Gender Equality
Ending all forms of gender discrimination is not only a fundamental human right but also a foundational element in the quest for a sustainable environment. Gender equality is intricately linked to economic growth and overall development. Gender bias not only hinders progress but also squanders human potential. In order for poverty to be reduced, economic growth to occur, and social progress to take place, gender equality must be achieved. As long as women and girls are empowered and given equal opportunities to flourish and prosper in society, we will be able to prosper and thrive. To create a more inclusive, equitable, and just world, governments, civil society, and the private sector must work together.
GOAL 10- Reduced Inequalities
This particular Sustainable Development Goal (SDG) encompasses a broad spectrum of discrimination, addressing inequalities stemming from age, gender, disability, race, religion, income, and various other factors. Its fundamental principle is “Leaving no one behind,” which underscores the imperative that everyone should have equal opportunities, regardless of their background or circumstances. It’s a comprehensive and inclusive approach that seeks to create a world where all individuals can thrive and contribute to the betterment of society.
Both of these Sustainable Development Goals (SDGs) are inherently interconnected and mutually reinforcing. They are interdependent, and the success of one is intricately linked to the success of the other. Achieving genuine diversity and inclusion cannot be fully realized without addressing the broader goals of reducing discrimination and inequality based on various factors, as outlined in the SDGs.
In essence, to create a more inclusive and diverse world, it is crucial to religiously adhere to and work towards both the specific SDGs that aim to combat discrimination and those that seek to promote diversity and inclusion. These goals complement each other and provide a comprehensive framework.
“Exploring the International Labour Organization’s(ILO) Provisions for Women and LGBTQ+ Individuals“
In today’s dynamic global job market, inclusivity stands as a foundational pillar for progress. The International Labor Organization (ILO), a specialized agency of the United Nations, wields significant influence over labor practices worldwide. Within its framework, it acknowledges the pivotal importance of gender equality and LGBTQ+ rights in the workforce. This article explores the ILO’s provisions concerning the inclusion of women and LGBTQ+ individuals in the labor force and their potential impact on fostering fair and equitable employment opportunities.
Empowering Women in the Workforce
The ILO’s commitment to gender equality in the workplace is apparent through its conventions and recommendations. These directives center on narrowing the gender pay gap, advocating for maternity protection, and confronting workplace discrimination. By ensuring equal opportunities and treatment, the ILO strives to create an environment where women can flourish in diverse industries and roles.
Inclusivity for LGBTQ+ Individuals: A Stride Towards Equality
Acknowledging the discrimination and stigma LGBTQ+ individuals frequently face in various workplaces, the ILO has taken steps to promote policies and practices that prevent discrimination based on sexual orientation and gender identity. These initiatives aim to nurture workplaces that are free from bias, enabling LGBTQ+ employees to contribute their skills and talents without the specter of discrimination.
“Legislation Paving the Way for Diversity and Inclusion: Key Bills and Acts Driving Progress”
The Transgender Persons (Protection of Rights) Bill, 2019 was introduced in Lok Sabha on July 19, 2019, by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot. Its primary objective is to safeguard the rights and welfare of transgender individuals. This bill aims to address and prevent discrimination against transgender persons, including the denial of services or unfair treatment in various aspects of life, including education, employment, healthcare, access to public facilities, the right to movement, residence, and property occupation, opportunities to hold public or private office, and access to establishments responsible for their care or custody.
The Act explicitly states that no government or private entity can discriminate against a transgender person in matters related to employment, including recruitment and promotion. It mandates every establishment to designate a complaint officer responsible for handling complaints in relation to the provisions of the Act. This legislation is a significant step toward promoting equality and protection of the rights of transgender individuals in India.
Relevant Case Law: NALSA v. Union of India
The Supreme Court had affirmed in its landmark judgment in NALSA v. Union of India that transgender and intersex persons have a constitutional right to self-identify as male, female, or transgender without medical intervention. According to the Court, “Each person’s self-defined gender identity and sexual orientation is integral to their self-determination, dignity, and freedom, and no one shall be forced to undergo medical procedures or hormonal therapy to obtain legal recognition.” In other words, medical procedures should not be a pre-requisite for any identity document for transgender and intersex individuals, nor should a mental health assessment be required. A requirement for a person to submit proof of medical treatment or a mental health assessment of their gender identity violates two rights of a person: the right to dignity and the right to be free from unwarranted medical treatment.
Relevant Case Law: Macy v. Holder, 2012 WL 1435995
This case involved Mia Macy, a transgender woman who applied for a job with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). After being told she was going to be hired, the job offer was rescinded when they learned of her transgender status. The Equal Employment Opportunity Commission (EEOC) ruled that discrimination based on transgender status is a form of sex discrimination under Title VII.
Maternity Benefit Act, 1961
The Maternity Benefit (Amendment) Bill, 2016 was introduced in Rajya Sabha on August 11, 2016, by the Minister for Labour and Employment, Mr. Bandaru Dattatreya. This bill sought to amend the Maternity Benefit Act of 1961, which was originally introduced to regulate the employment of women during the period of childbirth and provide maternity benefits.
The Act applies to a range of establishments, including factories, mines, plantations, shops, and other similar workplaces. The key provision introduced by the Bill was the extension of maternity leave-
It granted 12 weeks of maternity leave to two categories of women:
1. those who legally adopt a child below three months of age, and
2. commissioning mothers. A commissioning mother is defined as a biological mother who uses her egg to create an embryo that is implanted in another woman. The 12-week maternity benefit period is calculated from the date the child is handed over to the adoptive or commissioning mother.
This amendment aimed to enhance and broaden the scope of maternity benefits for women in various family situations, including adoptive and commissioning mothers.
Relevant Case Law: Smt. Manju Puri vs. The State of Haryana (1995):
Manju Puri, a government schoolteacher in Haryana, took legal action against the denial of her maternity leave, which she was entitled to under the Maternity Benefit Act. Her case led to a landmark judgment in support of maternity rights, underscoring the significance of women’s rights in the workplace. This judgment served as a crucial milestone in upholding the rights of women to maternity benefits and creating a more equitable and inclusive work environment.
Relevant Case Law: Dr.Kavita Yadav v. The Secretary, Ministry of Health and Family Welfare
The Supreme Court held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment.
The Rights of Persons with Disabilities Act, 2016
The Rights of Persons with Disabilities Bill, 2014 was introduced in the Rajya Sabha on February 7, 2013, by the Minister of Social Justice and Empowerment, Mr. Mallikarjun Kharge. This act is designed to ensure access to inclusive education, vocational training, and self-employment opportunities for disabled individuals.
One of the key provisions of this bill is related to reservations in government institutions of higher education and those receiving government aid. It mandates that at least five percent of seats be reserved for persons with benchmark disabilities. Additionally, at least five percent of job vacancies are required to be filled by persons, or a specific class of persons, who have at least 40 percent of any of the specified disabilities. Among these reserved categories, one percent must be allocated for persons with blindness and low vision, hearing and speech impairment, locomotor disability, autism, intellectual disability, mental illness, and multiple disabilities.
This legislation aims to promote inclusion and equal opportunities for persons with disabilities, ensuring they have access to education and employment opportunities
The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. .To address such issues, it establishes the framework for the constitution of two key committees:
Internal Complaints Committee: This committee is formed at the workplace and is responsible for handling complaints related to sexual harassment. It is required to be constituted at all offices and branches with a staff strength of 10 or more employees.
Local Complaints Committee: This committee operates at the district and block levels and serves a similar purpose of addressing complaints related to sexual harassment. It is established at all offices and branches with a staff strength of less than 10 employees.
These committees play a crucial role in providing a formal mechanism for employees to report and address issues of sexual harassment in the workplace, ensuring a safer and more inclusive work environment. The Bill thus places a strong emphasis on preventing and addressing sexual harassment, promoting the well-being and dignity of employees.
ICC AT ONLY PLACE OR AT DIFFERENT UNITS?
According to Section 4 of the POSH (Prevention of Sexual Harassment) Act, when an organization has multiple offices or administrative units located at different places or at divisional or sub-divisional levels, it is required to establish an Internal Committee (IC) at each of these administrative units or offices. Importantly, the members of the Internal Committee should be nominated and appointed based on the personnel working in the respective administrative unit.
For instance, if a female employee is engaged in cleaning and sweeping duties and is not literate enough to use email for reporting harassment incidents, the Internal Committee members should be nominated in a way that is convenient for the employees within that specific administrative unit. It means that if the appointed members of the Internal Committee are based in Gujarat, but the concerned lady works at a Maharashtra factory, it may become challenging for her to file a complaint effectively.
In essence, the Internal Committee should be accessible and relevant to the specific needs and circumstances of the employees within each administrative unit, ensuring that they can comfortably and effectively report any incidents of sexual harassment.
What could be done to strengthen the POSH Policy to include Work from Home?
Harassment or violence against women that occurs via digital means is, in recent times, called “Technology-Facilitated Gender-Based Violence”. Before deciphering what steps could be taken forthe prevention of sexual harassment inthe workplace in the online world, it is important to understand the various forms of such online harassment.
· There can be harassment, ranging from abusers manipulating the images of the female employees to appear sexually and sharing such images without the women’s consent. This may also include voyeurism, sexual extortion, documenting or broadcasting of sexual violence, etc.
· There may be unwanted requests for sexual contact and demandsfor sexual pictures etc., arising from an imbalance of powers between the two employees or the employer and the employee.
· Another type of harassment may also include networked harassment wherein certain individuals, particularly feminists, are targeted. This may include showing sexist or pornographic content on Zoom meetings etc.
· Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University, when the issue of the scope of workplace arose, the Bombay High Court gave a liberal interpretation to broaden the scope of workplace to be beyond the literal physical workplace. The legislative intent is to provide safety and security to women at all workplaces, that is why the definition of workplace under the Act which is deliberately kept wide to cover any area where women may be subjected to sexual harassment.
The HIV & AIDS (P & C) Act, 2017
The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, has a primary objective of preventing and controlling the spread of HIV/AIDS while simultaneously protecting the rights of individuals living with or affected by HIV. This act underscores the significance of inclusivity and anti-discrimination, which is extended to encompass women and transgender individuals. It is designed to guarantee that women and transgender people living with or affected by HIV are treated with dignity and provided with the essential care and support they require. Furthermore, it strives to combat discrimination and reduce the stigma associated with HIV/AIDS, thereby promoting a more compassionate and equitable society.
Relevant Case Laws: MX of Bombay Indian Inhabitant v. ZY and Ors
In the landmark case of MX of Bombay Indian Inhabitant v. ZY and Ors. (AIR 1997 Bom 406), a casual labourer working in a public sector undertaking was made to undergo a medical examination, which revealed that he was HIV positive but otherwise fit to work. However, he was terminated from his employment. The affected individual challenged the termination, contending that it was a violation of his fundamental rights to equality, livelihood, life and liberty.
The BHC held that a person cannot be deprived of his right to livelihood simply because he is HIV positive, if he is otherwise capable of performing his regular duties and does not pose a threat or health hazard to other persons or property at the workplace. Several other High Courts have also taken a similar stance in subsequent cases.
In the MX case, the court recognized the stigma associated with HIV and AIDS, and as a result, the identity of the aggrieved employee was kept private during the course of the hearing. In several other cases, HIV-positive individuals have chosen to not disclose their identity.
Companies Act, 2013
As per the section 149(1) of the companies act 2013 certain class of companies must appoint at least one woman director on its board:
· Every listed company.
· Every other public company having:
à Paid-up share capital of Rs.100 crore or more, or
à Turnover of Rs.300 crore or more.
When a company fulfils the above two conditions, it must appoint a woman director to its board within six months of the condition fulfilment date.
By requiring companies to have women on their boards, this provision actively encourages gender diversity and helps shatter the glass ceiling that has historically limited women’s access to leadership roles. It sends a powerful message that women bring valuable perspectives and expertise to the decision-making table, enriching the corporate landscape with fresh ideas and a broader range of experiences A perfect inspiration for women at higher levels of management has been Mrs. Nita Ambani, the former Managing Director of Reliance Industries and current chairperson of Reliance Foundation.
CONCLUSION
Fostering diversity and inclusion within the corporate world, particularly in regard to women and the LGBTQ+ community, is not only a moral imperative but also a strategic move aligned with the principles of Environmental, Social, and Governance (ESG) and Sustainable Development Goals (SDGs). As we’ve explored in this article, the benefits of a diverse and inclusive workforce extend beyond mere compliance with laws and regulations; they lead to increased innovation, employee satisfaction, and a broader consumer base.
Nevertheless, the journey towards true diversity and inclusion is not without its challenges. Overcoming biases, dismantling systemic inequalities, and changing organizational culture are complex and long-term endeavors. However, the commitment to these ideals can be a competitive advantage, boosting a company’s reputation and performance while fulfilling the objectives set by the International Labour Organization (ILO) and other global organizations.
This article has highlighted various acts and bills aimed at promoting diversity and inclusion, demonstrating that legal frameworks are evolving to support these values.
As we move forward, it is important to reflect on how far we’ve come in promoting diversity and inclusion within the workplace and consider how much further there is to go. The question that lingers in our minds is this: What more can organizations, governments, and individuals do to ensure that diversity and inclusion are not just buzzwords but are genuinely embedded in the fabric of our society and business culture? The answer to this question will shape the future, not only for the women and LGBTQ+ community but for society as a whole.