Practice Area

Gender Discrimination

Gender discrimination is any unequal or unfair treatment of employees based on sex or gender identity — in recruitment, wages, employment conditions, benefits, or workplace safety. Under India's consolidated Labour Codes (2019–2020, effective 2026), it is treated as both a violation of equality and a statutory employment rights breach, exposing employers to liability and entitling employees to reinstatement, compensation, and escalation before labour courts or tribunals.

Gender Discrimination Image
  1. Legal Framework

  • Code on Wages, 2019 — prohibits discrimination in hiring and mandates equal pay for equal work regardless of gender

  • Industrial Relations Code, 2020 — treats retaliatory termination or adverse action against employees raising gender-based grievances as wrongful dismissal

  • Social Security Code, 2020 — safeguards maternity benefits and ensures equal access to social security schemes without bias

  • Occupational Safety, Health and Working Conditions Code, 2020 — obligates employers to provide a safe, dignified workplace free from harassment, aligning with the POSH Act, 2013

  1. Legal Remedies

  • Reinstatement and back wages — Labour Courts/Industrial Tribunals can order reinstatement with back wages and continuity of service for discriminatory termination

  • Compensation and damages — for wage loss, mental distress, and career harm, including punitive damages for willful or malicious discrimination

  • Equal pay enforcement — claiming wage parity and recovering arrears under the Code on Wages, 2019

  • Maternity and social security protection — reinstatement, benefits, and damages under the Social Security Code, 2020 for women denied maternity benefits or dismissed due to pregnancy

  • Workplace safety and harassment remedies — escalation under the OSH Code, 2020 and POSH Act, 2013, with ICC powers to recommend compensation, transfer, or termination of the harasser

  • Regulatory escalation — complaints before the Labour Commissioner, State Labour Department, or Industrial Tribunals, with writ jurisdiction before High Courts under Articles 14, 15, 16, and 21

  • Criminal liability — prosecution under IPC provisions and POSH Act penalties where conduct amounts to a criminal offence

  1. How We Can Help

  • Legal advisory — guidance on rights under the Labour Codes and POSH Act

  • Complaint filing — drafting and submitting complaints to ICC, Labour Commissioner, or Tribunals

  • Representation before labour courts and regulatory bodies

  • Equal pay and benefits — claims for wage parity, arrears, and maternity benefits

  • Workplace safety — support in harassment cases and ensuring safe work conditions

  • Litigation and remedies — pursuing reinstatement, compensation, and damages

  • Negotiated settlements — securing fair outcomes without prolonged disputes

Awareness training — educating employees on rights and compliance safeguards

Consultation meeting

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* An estimation extrapolated from operating account data as of March 19, 2026.

** As of March 19, 2026.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the India.

**** Reviews may be lightly edited for length and/or clarity. Stock images may be used.