In today’s day and age, employers all around the world are recognizing the concept of diversity and inclusion in workplace. A key policy which contributes to such diversity and which every organization should have in place is an ‘Equal Opportunity Policy’ also knows as an ‘Equal Employment Opportunity Policy’ (“EOP”). In India, both the Transgender Persons (Protection of Rights) Act, 2019 (“Transgender Act”) and the Rights of Persons with Disabilities Act, 2016 (“RPWD Act”) (and rules framed under both acts) mandates every company to have an EOP.
The basic aim of an EOP is to provide equal opportunities and equal treatment to all employees regardless of their sex, marital status, disability, race, colour, religion, age, sexual orientation, nationality, ethnic or national origins. An EOP prohibits discrimination of any kind (whether direct or indirect) towards persons with disabilities and transgender persons and also addresses the specific requirements of such persons which promotes a positive environment and diversity.
WHAT SHOULD AN EOP CONTAIN?
Both, the RPWD Act and the Transgender Act makes it mandatory for every establishment (including private companies) to publish an EOP with specific reference to persons with disabilities and transgender persons. The company should ideally display its EOP on their website and at conspicuous places in the office premises.
Both laws have their own set of requirements in the EOP which are as follows:
EOP under the Transgender Act
All companies must implement all measures to provide a safe working environment and to ensure that no transgender person is discriminated in any matter relating to employment including, but not limited to, infrastructure requirements, recruitment, employment benefits, promotion etc.
The EOP should contain information such as:
Infrastructure and facilities (such as gender-neutral toilets, allowing employees to use toilets which correspond to their gender identity and/or gender expression, regardless of the sex assigned at birth.);
Measures put in for safety and security (transportation and guards);
Amenities (such as hygiene products);
Applicability of all rules and regulations of the company regarding service conditions of employees;
Maintaining the confidentiality of the employee’s gender identity; and
Details of the complaint officer and the grievance redressal mechanism.
All companies, regardless of the number of employees should designate a person to be a complaint officer who is responsible for the implementation of the EOP, provisions of the Transgender Act along with the rules framed thereunder.
EOP under the Rights of Persons with Disabilities Act
The EOP of any company, irrespective of the number of employees, should necessarily contain details of facilities and amenities provided by the company to persons with disabilities so as to enable them to effectively discharge their duties.
There are additional requirements for companies with 20 or more employees, such as:
A list of identified posts, suitable for persons with disabilities;
The manner of selection of persons with disabilities, post-recruitment and prepromotion training, preference in transfer and posting, special leave, preference in allotment of residential accommodation, if any, and other facilities;
Provisions for assistive devices, barrier-free accessibility and other provisions; and
Details of the liaison officer.
Every company having 20 or more employees is required under law to appoint a liaison officer who is responsible for the recruitment, providing facilities and amenities to persons with disabilities.
Grievance Redressal Mechanism
Under the Transgender Act, it is mandatory for all companies to establish a grievance redressal mechanism, with the complaint officer being responsible for such redressal of complaints. On receipt of a complaint, the complaint officer shall conduct an enquiry within 15 days from receipt of complaint and shall prepare an ‘enquiry report’ and submit it to the head of the company. Accordingly, the head must take necessary action within 15 days from receipt of the report.
On the other hand, the RPWD does not expressly mandate a grievance redressal mechanism to be followed by the company. However, it mandates the head of a company having 20 or more employees to take action upon receiving a complaint regarding discrimination on the ground of disability. Despite not being mandated, having a formal grievance redressal mechanism for RPWD Act complaints would ensure that the complaints of disabled employees are handled efficiently.
ADDITIONAL REQUIREMENTS UNDER THE RPWD ACT
Apart from the requirements enumerated earlier, there are certain additional requirements under the RPWD Act which companies should bear in mind, such as:
Registration
Every company is required to register a copy of the EOP with the Chief Commissioner or State Commissioner (as the case may be).
Records
Additionally, all companies having 20 or more employees are required to maintain records of the following information:
The number of persons with disabilities who are employed;
Date of commencement of employment;
Name, gender and address;
Nature of disability;
Nature of work being rendered; and
Nature of facilities being provided by the employer.
Accessibility Standards
It is mandatory for every company to comply with the following standards related to physical environment, transport and information technology:
Public Building: Companies should follow the standards specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons issued by the Government of India - Ministry of Urban Development;
Transportation Systems: Companies should follow the standards for Bus Body Code notified by the Government of India - Ministry of Road Transport and Highways; and
Information Technology: Companies should follow the website standard specified in the guidelines for Indian Government websites adopted by the Department of Administrative Reforms and Public Grievances, Government of India.
Additionally, any documents uploaded on a website should either be in electronic publication (ePUB) or optional character reader (OCR)-based PDF format.
In conclusion, an EOP is of utmost importance for all companies not only from a legal standpoint but also a moral one. By fostering a workplace culture that values diversity and inclusion, companies can unlock the full potential of their employees. Through proactive measures such as fair recruitment practices, unbiased decision-making, and ongoing training, companies can create environments where every individual has an equal chance to succeed based on merit, regardless of their background, disabilities or gender.