Preventing and Mitigating Workplace Discrimination:Strategies for a Fair & Inclusive Workplace

“Workplace discrimination” refers to the unfair or prejudicial treatment of employees or job applicants based on personal characteristics rather than their skills, qualifications, or job performance. These characteristics may include race, gender, age, religion, disability, nationality, sexual orientation, marital status, or other protected attributes.

Workplace discrimination is a significant challenge that affects employees and organizations alike. It can lead to decreased morale, legal repercussions, and a toxic work environment. To foster an inclusive and productive workplace, it is essential to implement a structured approach to prevent and address discrimination. This blog explores key aspects of workplace discrimination and practical steps to mitigate the same.

What is the Risk, if Workplace Discrimination is Allowed:
 Compromise objectivity, potentially leading to loss of trust and resentment among employees.
 Reduces morale and demotivate high-performing employees who are overlooked.
 Creates perceptions of unfairness within the organization, damages team cohesion, organisational reputation.
 Regulatory non-compliance leading to fines, penalties and prosecutions.

What leads to Workplace Discrimination:
There could be one or the other reason of workplace discrimination, such as:
• Nepotism
• Favoritism
• Conflict of Interest
• Lack of Knowledge or Experience
• Discrimination based on Protected Characteristics
• Unconscious Bias
• Workplace Culture
• Lack of Policies & Accountability

What is Prohibited Discrimination
Discrimination on a characteristic which is protected by law, is a prohibited discrimination. Depending upon the jurisdiction, characteristics such as religion, race, caste, sex, descent, place of birth, residence, marital status, disability, etc. have been defined as protected characteristics. A snapshot of the law dealing with discrimination is given here.

 Article 14 of the Constitution: Guarantees equality before the law.
 Article 15 of the Constitution: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
 Article 16 of the Constitution: Ensures equal opportunity in public employment.
 Equal Remuneration Act, 1976: Mandates equal pay for men and women for the same work or work of similar nature and prohibits gender-based discrimination in hiring, promotions, and employment conditions.
 Rights of Persons with Disabilities Act, 2016: Prohibits discrimination against individuals with disabilities in employment, mandates reasonable accommodation and equal opportunity policies in organizations, and requires employers to ensure workplace accessibility for persons with disabilities.
 The Transgender Persons (Protection of Rights) Act, 2019: Prohibits discrimination against transgender persons in employment, recruitment, and promotions, and mandates equal opportunities and workplace inclusivity for transgender employees.
 The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects SC/ST individuals from discrimination, harassment, and unfair treatment at the workplace, and ensures affirmative action and protection against caste-based discrimination.
 The Industrial Disputes Act, 1947: Prohibits unfair labour practices, including discriminatory hiring and termination, mandates equal treatment for all employees in industrial establishments.
 The Maternity Benefit Act, 1961: Ensures maternity leave and employment protection for pregnant women, prohibits discrimination against women based on maternity status.

Examples of Discrimination
 Hiring Unqualified Relative, except directors’ relative as regulated by law.
 Unfair Promotion
 Preferential Assignment
 Salary Disparities
 Excessive Praise and Recognition
 Unequal Disciplinary Actions
 Flexibility and Leave Privileges/ Rules Exemption
 Ignoring Employee Input
 Protecting Underperformers

Overcoming Unconscious Bias
Being a human, sometimes discrimination is unintentional and could be difficult to identify and overcome. In case an employee unconsciously discriminates, it is essential to provide requisite training and counselling and implement processes that mitigate biases as we indicate hereinbelow, including demoting or terminating the services if an employee shows unwillingness to change their behaviour.

 Conduct regular awareness sessions to help employees and managers recognize and address their biases.
 Use structured interviews with predefined questions and scoring criteria to ensure fairness.
 Blind Recruitment: Remove identifiable personal details (e.g., name, gender, ethnicity) from resumes during the initial screening process.
 Ensure diverse interview and selection panels to minimize individual biases in hiring and promotions.
 Use key performance indicators (KPIs) and objective assessments for hiring, promotions, and performance evaluations.
 Bias Audit: Conduct periodic internal reviews of hiring, promotions, and salary structures to detect and correct biases.

Control Measures to Mitigate Workplace Discrimination
To ensure our workplace is free of discrimination, the following control measures can be implemented:
 Use standardized hiring process including job descriptions, interview questions, and evaluation criteria that focus on skills, qualifications, and experience.
 Avoid job descriptions/ evaluation criteria to suit a particular candidate only and eliminate the mass.
 Avoid discriminatory language in job postings.
 Ensure job advertisements are posted on diverse platforms/ platform generally accessible to reach a wide pool of applicants.
 Include diverse panel members in the interview/ performance evaluation process.
 Take disclosure as to existing/ prior relationship, if any, with the Company and its employees, both at the time of hiring or performance evaluation, to eliminate conflict of interest, nepotism and favouritism.
 Separate the hiring / evaluation officer away from the process, if found to have conflict of interest.
 Document the rationale for hiring decisions/ performance evaluation to ensure they are based on merit.
 Ensure that the defined hiring/ evaluation process is not accelerated/ circumvented/ bypassed for the benefit of one or a few.
 Provide equal access to mentorship and leadership development programs.
 Implement an Equal Opportunity and Anti-Discrimination Policy, clearly stating company’s commitment to provide equal employment and career development opportunities to all individuals, regardless of their race, colour, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, or any other protected characteristic as defined by applicable law.
 Implement a Whistle Blower Mechanism to prevent retaliation and ensure fair and transparent investigation.
 Conduct regular audits to identify potential patterns of discrimination.

Addressing Discrimination: Disciplinary Actions
Organizations must enforce clear consequences for discrimination, categorized as:
 Low Severity: Unintentional bias – requires counselling and training.
 Moderate Severity: Repeated favouritism – leads to written warnings and suspension.
 High Severity: Harassment or segregation – results in final warnings or demotion.
 Critical Severity: Physical threats or legal violations – leads to termination and legal actions.

Eliminating workplace discrimination requires a proactive approach through well-defined policies, continuous training, and a commitment to fairness. By fostering an environment of inclusion and equal opportunity, organizations can enhance employee morale, productivity, and overall success. Implementing these strategies ensures that the workplace is not just legally compliant but also a safe, respectful, and empowering space for all employees.