Such information may only be shared with the transgender employee’s written consent on a need-to-know basis. Therefore, disclosure of the same can lead to violation of their right to privacy and create legal hassles. This is because information about a transgender employee’s sex at birth is confidential medical information. Privacy ClauseĪs this is a statutorily mandated clause, employers must ensure it is a part of the policy as a priority. to help employees understand the differences between them.
Employers can go one step further and define terms such as trans-man, trans-woman, non-binary/genderqueer, intersex etc. Thus, one beneficial step an employer may adopt is defining the term transgender person in their policy in consonance with the definition of the term under Act. Like any other policy such as that under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, a definition clause aims to explain key terms so as to eliminate any doubt pertaining to their construction and interpretation. We examined the contents of equal opportunity clauses across different countries and organizations to create this list of essential clauses suitable for the Indian workplace: 1. The statute lists unisex toilets, security measures, amenities to be provided, confidentiality of gender identity, procedure to make complaints and applicability of company rules as essential aspects of such a policy. To this end, the policy must first recognize the statutory rights of transgender employees and then provide a set of guidelines for protecting the same. It is important to understand that the basic objective of such a policy is to facilitate the creation of an inclusive workplace culture. The above section makes the employer-side compliance requirements clear in terms of the law however, several establishments are not aware of the manner in which an equal opportunity policy should be created.
Equal employment opportunity act in india how to#
How to create an Equal Opportunity Policy The head of the establishment shall act on the enquiry report submitted by the complaints officer within 15 days from the date of submission of the report. Confidentiality of the gender identity of the employeesĮvery establishment must designate a complaint officer who shall enquire into the complaints received within 15 days of receipt of the same.Applicability of rules and regulations of the company regarding service conditions of employees.Infrastructural facilities (unisex toilets), measures put in for safety and security and amenities to be provided.The equal opportunity policy shall contain details relating to. The establishment shall display the equal opportunity policy including details relating to the complaints officer on their website or at a conspicuous place on their premises. Every establishment shall implement and publish an equal opportunity policy for transgender persons.
No establishment shall discriminate against any transgender person in any matter relating to employment.
Non-Discrimination and Equal Opportunities in Employment The combined impact of the Act and rule on labour law compliance can be summarized as follows:- Statutory Provision We shall analyze their combined effect on labour law compliance and examine suitable steps to implement policies that satisfy the legal obligation on employers. Today’s blog shall examine the combined impact of the Transgender Persons (Protection of Rights) Act, 2019 read with its corresponding Transgender Persons (Protection of Rights) Rules, 2020. In our previous article titled Transgender Persons and Labour Law: A Grey Area, we had discussed the need for concrete steps to address some of the lacunae pertaining to transgender employees in the workplace.
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