Workplace gender inclusion: A socio-legal perspective (GS Paper 1, Social Issues)
Context:
- Multilateral frameworks like the United Nations Sustainable Development Goals (SDGs) have brought about a series of global efforts towards gender inclusion while considering the needs of modern society.
- However, concerns related to workplace gender inclusivity suggest that women continue to be seen as inferior to men.
Status in Global South:
- Socio-cultural disparities due to cultural and gender biases in patriarchal societies, such as poor-quality education for girls and women, conservative roles set for women, and the prevalent gender divide in financial illiteracy, decelerate attempts for gender inclusivity.
- Women in the Global South must face further discrepancies, calling for studies beyond data and statistics for mainstreaming gender justice. Despite a significant increase in female literacy rates, the numbers do not reflect the percentage of women in the workforce. The workforce still has a wage gap.
Identifying socio-economic challenges:
- The number of working women in India rose to 20 percent in 2019 but fell to 18 percent in 2020, widening the prevailing gender gap in the Indian workforce, estimated to take 132 years to close fully. This gap closed at 68.1 percent in 2022, indicating progress but at an insufficient pace.
- This is a wake-up call for policymakers and administrators to act fast so that the coming generations can benefit from gender parity.
- Social beliefs and attitudes govern invisible barriers to gender inclusivity in the workplace. For instance, women may not be promoted or lose job opportunities because of preconceived notions about their commitment. Women also face sexual harassment and unequal pay more often than men.
- Likewise, social conditioning can cause imposter syndrome, leading women to self-doubt and accept ‘easier’ roles while moving away from senior leadership positions. Working women in e-suite positions often face backlash for being ‘ambitious’, ‘bossy’ or ‘dominating’.
- Addressing glass ceilings can create more equitable employee opportunities. Such steps will need interventions at the legal and policy levels to promote cultural diversity and inclusion. Further, social and legal systems work interdependently, allowing policymakers and governments to enforce laws for the betterment of society.
Looking at the issue of gender inclusivity through a socio-legal lens:
- It can help analyse the time spent on unpaid work. It is important to examine (a) the power of education in eradicating gender discrimination and (b) the individual domestic contribution of married males and females to understand gender inclusivity at a domestic level.
- Surprisingly, there is no correlation between education and time spent on unpaid care work. Educated females are spending as much time on domestic work as uneducated females. Also, data shows that married females spent 382 minutes of daily unpaid work, whereas married males spent 44 minutes. Hence, there must be an emphasis on sharing the load of household chores.
- Sharing the load is significant in achieving gender inclusivity and opening doors for women to fulfil their dreams. It shows the upcoming generations that males do not have to be the sole breadwinners and females the bread bakers.
The need for socio-legal perspectives:
- A landmark Indian judgement allowed women to sit for the NDA (National Defense Academy) exams in 2021, after 25 years of its formation.
- This celebrated case helped eliminate societal notions about a ‘masculine’ profession. A similar Swedish enactment has positively impacted the WBL2022 Report.
Case of Sweden:
- India scored 74.4 out of 100 in the WBL2022 Index, whereas Sweden scored a perfect 100.
- One factor impacting a total score in Gender Equality was the Swedish Discrimination Act of 2009, which states that everyone, irrespective of their “sex, transgender identity or expression, religion or other belief, disability, sexual orientation or age”, is entitled to equal rights and opportunities.
- Another factor was the Eligibility Act of 1923, which stipulated that women hold office just as men do.
Legal framework in India:
- In India, laws like Title VII of the Civil Rights Act, The Pregnancy Discrimination Act, The Equal Pay Act, The Consolidated Omnibus Budget Reconciliation Act (COBRA), The Family and Medical Leave Act (FMLA) and The Whistleblower Protection Act have empowered women.
- Employers are subject to reputational damage and expensive legal proceedings if the laws are not enforced in the workplace. This depicts human behaviour when subjected to punishments.
- Installing a Diversity, Equity & Inclusion (DEI) programme in every Indian workplace would improve workplaces with inclusive corporate cultures and business models. Such comprehensive models address societal pressures and bring about an attitudinal shift for increasing female representation and giving them a sense of belonging at work.
What needs to be done?
- A socio-legal lens provides policymakers and administrators insight into the nuances of society. This comprehensive approach to understanding gender equity and inclusivity would fit the scope of the problem and allow more ideas to flow from citizens to policymakers and administrators.
- Promotion of women to senior leadership positions should be encouraged, and criteria for promotion should be made more gender-neutral by setting the same opportunities and employee appreciation platforms for everyone, irrespective of their gender. Hybrid models of corporate culture should be enforced.
- One of the most important steps to address gender discrimination in the workplace is to enforce existing gender discrimination laws. Governments and legal institutions should ensure that those who violate these laws are held accountable and that victims have access to justice. For example, the passage of the Equal Pay Act of 1963 is still not enforced in all workplaces, with women earning less than men.
- Employers should establish clear policies for reporting and addressing complaints of gender discrimination. This includes providing safe and confidential avenues for employees to report incidents, investigating complaints promptly and thoroughly, and taking appropriate action to prevent future incidents.
- For instance, the Minimum Wages Act of 1948 outlines procedures for filing complaints. So, if a woman is paid less than her male counterparts, the adjudicating authority will hear both the applicant and employer and may direct the payment of the wage gap with substantial compensation to the aggrieved woman.
- Employers can promote diversity and inclusion by actively recruiting and retaining a diverse workforce, creating a culture of respect and inclusivity, and providing equal opportunities for career advancement.
Way Forward:
- While laws provide a foundation for combatting gender discrimination, companies and organisations must take proactive steps to create an inclusive workplace that values diversity and promotes gender equality based on the specific needs and circumstances of every workplace.
- By addressing the issue of workplace gender inclusivity comprehensively, employers can create a more equitable and inclusive workplace for all employees.
