Workplace Harassment vs. Discrimination: Key Differences and Your Rights

Introduction

Many people confuse workplace harassment and discrimination, but they are not the same. Both can create an unsafe work environment, but they have different causes, legal protections, and ways to take action. Understanding the difference between harassment and discrimination will help employees know their rights and take the right steps if they face unfair treatment at work.

In this article, you will learn:

• What workplace harassment is
• What workplace discrimination is
• Key differences between the two.
• Legal protections under Indian law
• How to report and take action

What is Workplace Harassment?

Workplace harassment happens when someone is mistreated in a way that creates an unsafe or uncomfortable work environment. It can be verbal, physical, or emotional abuse that affects the person's ability to work.

Examples of Workplace Harassment:

• Sexual Harassment: A boss asks for sexual favours in exchange for promotions.
• Verbal Abuse: A co-worker keeps insulting or humiliating someone in front of others.
• Bullying: A manager constantly threatens or shouts at an employee.
• Intimidation: A senior employee uses fear to control or silence a junior worker.
• Spreading Rumours: False gossip is spread to damage an employee's reputation.

Example: If a female employee is constantly touched inappropriately by her supervisor and feels unsafe, this is sexual harassment, not discrimination.

Laws Protecting Employees from Workplace Harassment in India:

• POSH Act, 2013: Protects women from sexual harassment at the workplace.
• BNS Section 73 and 78 Indian Penal Code (IPC) Section 354 and 509: Covers physical harassment, verbal abuse, and stalking.
• Industrial Disputes Act, 1947: Covers workplace bullying and unfair treatment.

What is Workplace Discrimination?

Workplace discrimination happens when an employee is treated unfairly based on personal factors like gender, religion, caste, disability, or age.

Examples of Workplace Discrimination:

• Gender Discrimination: A company pays women less than men for the same job.
• Age Discrimination: An older employee is denied a promotion because of their age.
• Religious Discrimination: A worker is harassed or excluded for their religious beliefs.
• Caste Discrimination: A Dalit employee faces unfair treatment due to their caste.
• Disability Discrimination: A disabled person is denied job opportunities due to their condition.

Example: If a company refuses to hire a woman because they believe she will take maternity leave, this is gender discrimination, not harassment.

Laws Protecting Employees from Workplace Discrimination in India:

• Equal Remuneration Act, 1976: Ensures equal pay for men and women for the same work.
• Rights of Persons with Disabilities Act, 2016: Protects disabled employees from discrimination.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects against caste-based discrimination.
• Article 14 and 15 of the Indian Constitution: and;Guarantees equality and protection against discrimination.

Key Differences Between Harassment and Discrimination

What Should You Do If You Face Harassment or Discrimination?

If you face Harassment or Discrimination, you can report it through : -

How to Report Workplace Harassment?

• For sexual harassment: File a complaint with the Internal Complaints Committee (ICC) under the POSH Act.
• For bullying or verbal abuse: Report to HR or file a police complaint if serious.
• For physical harassment: File an FIR under IPC Section 354 or 509.

How to Report Workplace Discrimination?

• File a complaint with HR if facing unequal treatment.
• Report to the labour department if denied equal pay, job opportunities, or fair treatment.
• Approach a lawyer to file a case in labour court if discrimination continues.

Conclusion

Both harassment and discrimination create toxic workplaces, but they are different problems with different legal solutions.

• Harassment is about unwanted behaviour that makes a person feel unsafe (e.g., sexual harassment, bullying).
• Discrimination is about unfair treatment due to gender, caste, religion, age, or disability.

If you face workplace harassment or discrimination, take action! Report it, seek legal help, and demand fair treatment. A workplace should be safe, fair, and respectful for everyone.

FAQs on Workplace Harassment vs. Discrimination

1. Can a male employee file a complaint under the POSH Act?
   No. POSH protects only women, but men can file complaints under company policies or IPC laws.
2. Can workplace discrimination happen to men?
   Yes! Both men and women can face caste, age, religion, or disability-based discrimination.
3. What should I do if HR ignores my harassment or discrimination complaint?
   For harassment: File a police complaint or approach the Local Complaints Committee (LCC).
   For discrimination: Approach the labour court or human rights commission.
4. What if my boss punishes me for complaining?
   Retaliation is illegal. Employers cannot fire, demote, or punish employees for filing a complaint.