Relevance: GS-2: Issues relating to the development and management of Social Sector/Services relating to Health, Education, and Human Resources.

Key Phrases: Gender Inequality, LinkedIn Opportunity Index 2021, Gender inequality report, Unequal pay, Barriers to Promotion, Bias against mothers, Higher burnout in women, Incidents of sexual harassment, Pay disparity, Article 16, Article 38(2), Article 39, Equal Remuneration Act, 1976, New Code on Wages, Fundamental human right, Gender-based violence, Representation and leadership.

Why in News?

• Despite new rules, gender disclosures from corporates show severe under-representation and under-payment.

Gender Inequality in India:

• According to LinkedIn Opportunity Index 2021, 22% working women in India said their companies exhibit a favourable bias towards men at work, compared to the regional average of 16%.
• In India, 85% of working women claim to have missed out on a raise, promotion, or work offer because of their gender, compared to the regional average of 60%.
• As per the gender inequality report, India ranks amongst the last — at 135 of 146 countries, which includes criteria such as economic participation and opportunity for women.
• In terms of median remuneration, women in the board were paid 5-33 % less than men, and the gap for women in the workforce at different levels were in the range of 25-42 %.
• According to ILO, less than one third of managers are women, a situation that has changed very little in the last 30 years.

Gender inequality in the workplace:

Gender inequality in the workplace takes many forms such as:

• Unequal pay:
  • Equal pay for men and women is still not a reality. In 2020, women earned 84% of what men earned for the same job.
  • This gender pay gap has persisted over the past years, shrinking by just 8 cents in 25 years.
• Barriers to Promotion:
  • There is a “broken rung” at the manager level: “For every 100 men promoted to manager, only 86 women are promoted.”
  • This problem is compounded at higher levels of leadership: fewer women managers’ means there are fewer candidates to promote to heads of department, directors, and C-suite positions, too.
• Bias against mothers:
  • Mothers, and women of child-bearing age, are less likely to receive a call back from hiring managers, even when their resumes are identical to the resumes of male applicants or childless women.
• Higher burnout in women:
  • Research shows that more women than men, especially in higher-up positions, are burned out and dealing with constant stress in the work environment.
  • The pandemic nearly doubled the burnout gap between men and women.
• Incidents of sexual harassment:
  • Thirty-five per cent of women experience sexual harassment at some point during their careers.
  • Sexual harassment could also be a direct side effect of disparity in pay and promotions.

Laws governing pay disparity in India:

• Constitution of India:
  • As per Article 16 of the Constitution of India, all citizens have a right to equality of opportunity in relation to matters of public employment or appointment to any office under the state.
  • Article 38(2) strives to minimize inequalities in income among individuals.
  • Article 39 promises equal pay for equal work for both men and women.
• Equal Remuneration Act, 1976:
  • The Equal Remuneration Act, 1976 of India (ERA) prohibits differential pay to men and women workers for performing the 'same work or work of similar nature.
  • The law defines 'same work or work of similar nature to mean "work in respect of which the skill, effort, experience and responsibility required are the same, when performed under similar working conditions by employees.
• Supreme Court of India:
  • The Supreme Court of India has upheld the constitutional validity of the principle of equal pay for equal work.
  • It ruled that temporary employees discharging similar duties and functions as discharged as that by permanent employees are entitled to draw equal wages as that of the similarly placed permanent employees.
• New Code on Wages, 2019:
  • The first set of provisions of the Code of Wages relates to anti-discrimination, prohibiting discrimination against employees on the ground of gender in matters relating to payment of wages.
  • The Code on Wages also prohibits discrimination while recruiting any employee and in the conditions of employment, except in cases where employment of women in such work is prohibited or restricted under any law.

Way forward:

• Gender equality is a fundamental human right. The right to equal pay and treatment has long been legally enshrined through the Equal Remuneration Act, 1976, over 45 years ago. Yet, equality for women at workplace is far from being a reality.
• These four key areas can make transformative change for women in the world of work.
  • First, we must seek to tackle the huge disparity between women’s and men’s unpaid care responsibilities. Men need to do more and would benefit from a better work-life balance. Increased support and investment at workplace level are also vital, through policies that allow a more flexible approach to working hours and careers.
  • Second, governments need to adopt legislation and policies that enhance women’s access to the labour market as well as higher skilled and better-paid jobs and opportunities. This includes investing in publicly funded, accessible, professional care services.
  • Third, gender-based violence and harassment, including sexual harassment is unacceptable and must be addressed. ILO’s Violence and Harassment Convention provides a clear framework and practical actions in this regard since it was shaped by world of work institutions. Ratification and implementation of the Violence and Harassment Convention should be at the top of the agenda for every country.
  • Fourth, steps are needed at every level to support women’s voice, representation and leadership. Discrimination in hiring and promotion must be removed and affirmative action considered to close stubborn gender gaps once and for all.
• Gender equality in the world of work requires a ‘quantum leap’ and not tentative, incremental steps. We must all play our part — governments, workers and employers, women’s organizations, schools, and academia.
• The opportunity loss of failing to tackle gender equality at work is enormous. Despite the cloud cast by Covid-19, there is no time to waste. Now is the time for commitment to be shown and courageous choices to be made. Together we can narrow inequalities and break down barriers.

Source: The Hindu BL

Mains Question:

Q. Discuss the various types of Gender inequality in the workplace. Suggest measures to address them. (250 words).