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Practice Area

Race Discrimination

Race discrimination at work is anchored in the constitutional guarantees of equality under Articles 14, 15, and 16 — and is reinforced through specific obligations under India's Labour Codes. ELRS stands with every worker who has faced workplace prejudice rooted in race, caste, religion, sex, or place of birth.

01

Legal Framework

  • Articles 14, 15, and 16 of the Constitution prohibit discrimination on grounds of race, caste, religion, sex, or place of birth and guarantee equal opportunity in employment
  • The Labour Codes do not define race discrimination as a separate category, but embed equality principles through specific obligations
  • The Code on Wages, 2019 mandates equal remuneration for equal work, preventing wage discrimination rooted in race or caste
  • The Occupational Safety, Health and Working Conditions Code, 2020 obligates employers to maintain workplaces free from discriminatory practices and ensure dignity and equal treatment
02

Remedies

  • Claims before labour authorities, Industrial Tribunals, or constitutional courts
  • Relief can include reinstatement, compensation, or injunctive orders against discriminatory practices
  • Race discrimination is prohibited by virtue of constitutional guarantees and reinforced by statutory labour provisions, even without a standalone statutory head
03

How We Can Help

  • Legal advisory — guidance on constitutional rights and remedies under the Labour Codes
  • Complaint drafting — regulator-ready complaints, petitions, and escalation letters to labour authorities or courts
  • Representation before labour tribunals, industrial authorities, and constitutional courts
  • Compensation claims — reinstatement, back wages, or damages for discriminatory practices
  • Awareness and training — grievance mechanisms, workplace rights, and documenting discrimination
  • Policy challenge — contesting biased HR policies or practices that indirectly perpetuate race/caste discrimination

More Practice Areas

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Wrongful Termination

What counts as a wrongful termination?

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02

Sexual Harassment

What counts as sexual harassment, and what remedies are available?

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03

Unpaid Wages

What counts as unpaid wages, and what remedies are available?

Learn more

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* An estimation extrapolated from operating account data as of June 29, 2024.

** As of June 29, 2024.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the United States (source: 2023 Clio Legal Trends Report).

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