Managing Diversity & Inclusion

• Diversity initiatives are now commonplace in most organizations, but truly

delivering an inclusive workplace, where all talent feel engaged and that they
have opportunities is still a hurdle in many organizations.
• Heard of Diversity hires!!!!?????
• Diversity can’t be a token effort, it has to be a core value.
 Towards a gender sensitive workplace
• Gender Diversity • Case of Indian Army:

• Discriminatory policies and practices
• Violated Art 15( No discrimination) and
16( Equality of opportunity in public
employment)
• Glass ceiling? Armour plated ceiling?
• The invisible barrier to career
progression, culture and mindset
• Women SSCO and struggle for grant of
PC at par with Male SSCO
• 17 year struggle
• Ministry of Defense, Govt of India ,
Indian Army at one side , women SSCO
petitioners at the other
 Prevention of sexual harassment
• Sexual Harassment of Women at
Workplace(Prevention, Prohibition
and Redressal) Act, 2013
• aggrieved woman” means—(i)in
• Provides for formation of ICC to be relation to a workplace, a woman, of
presided over by a woman
any age whether employed or not, who
• One half of total members should alleges to have been subjected to any
be women act of sexual harassment by the
• Two members from employees respondent;
• One from NGO/associations
committed to the cause of women
 The Law Recognizes and upholds
• Women’s fundamental rights to equality and freedom under Article 14 and 15 of the
Constitution of India.
• The right to life & live with dignity under Article 21 of the Constitution
• Which, in essence, includes a right to a safe environment free from sexual harassment (Article 19 (1)
(g) of the Indian Constitution)
• Section 67 & 67A in The Information Technology Act, 2000: Punishment for publishing or
transmitting of material containing sexually explicit act, etc., in electronic form.
• Online harassment also attracts penalty under Sec354A, 354D or 509 of Indian Penal Code
1860

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 What is Sexual Harassment?

Any unwanted conduct with sexual undertones and may include any
one or more or all of the following unwelcome acts or behavior
(Whether directly or by implication);

a. Any unwelcome physical, verbal or nonverbal conduct of sexual nature

b. Demand or request for sexual favours
c. Making sexually coloured remarks
d. Physical contact or advances
e. Showing pornography
 What is Sexual Harassment?
Any one (or more than one or all) of the following circumstances, if it occurs or is
present in relation or connected with any behaviour that has explicit or implicit
sexual undertones-
(a) implied or explicit promise of preferential treatment as quid pro quo for sexual
favours;
(b) implied or explicit threat of detrimental treatment in the conduct of work;
(c) implied or explicit threat about the present or future status of the person
concerned;
(d) creating an intimidating offensive or hostile learning environment;
(e) humiliating treatment likely to affect the health, safety dignity or physical
integrity of the person concerned;
Dealing with a False/Malicious Complaint

• If complaint is false with malicious intent, the complainant can be penalized

as per the service rules
• An enquiry to be conducted prior to establishing malicious intent
• Mere inability to prove a complaint will not attract penalty.

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 Criminal Law Amendment Act: 2013
Section. 354A:
Unwelcome sexual behavior of direct or implied nature such as:
1. Physical contact & advances
2. Demand /Request for sexual favours 3 yrs
3. Showing Sexually colored remarks /fine
4. Making Sexually Colored remarks 1 Yr and fine
•unwelcome physical, verbal or non-verbal sexual conduct

Assault on Women with

intent to disrobe: 354B Imprisonment 3- 7 yrs & Fine
 Transgender Rights
https://www.forbes.com/sites/jeremyalicandri/2020/11/18/ibm-apologizes-for-
firing-computer-pioneer/

• Case of IBM Computer Engineer Lynn
Conway
• Lynn Conway fired in 1968 for
undertaking gender transition
• 52 years for mindset change
• 2020 she was given lifetime achievement
award for her pioneering work in
computers by the firm and tendered public
apology by IBM
• Action came four months after Supreme
court ruling that a person can not be fired
for being gay or transgender
• While immediate supervisors wanted her
to stay , Executives feared scandalous
publicity and fired her.
• After undergoing transition, she worked
with Memorex, Xerox and developed
computer chip design methods used by
tech firms worldwide.
 Transgender Rights India
• Transgender persons(protection of • Crimes against transgenders attract
Rights) Act, 2019 prohibit imprisonment not less than 6 months
discrimination against transgender which may be extended up to 2 years
persons and a fine
• Can apply for transgender
certificate which will give them the
right to change their names on
their birth certificates and other
documents.