GENDER INEQUALITY IN WORKPLACE: A SOCIOLOGICAL AND

LEGAL PERSPECTIVE

Gender inequality in the workplace is a pervasive issue that has garnered

significant attention from sociologists. While progress has been made in recent
decades towards gender equality, the disparities between men and women still
persist in the workforce. From the gender wage gap to the underrepresentation of
women in leadership positions, gender inequality in the workplace has a significant
impact on individuals, organizations, and society as a whole.
This issue of gender inequality can be blended with three key sociological
perspective.
SOCIOLOGICAL PERSPECTIVE
The structural functionalist perspective:
This emphasizes the importance of social structures and institutions in maintaining
social order. From this perspective, gender inequality in the workplace is
perpetuated by societal norms that dictate traditional gender roles. Women are
often expected to be responsible for childcare and domestic duties, which creates
barriers for women in the workplace. For example, the lack of access to flexible
work arrangements can make it difficult for women to balance their work and
family responsibilities, leading to a greater likelihood of career interruptions and
reduced opportunities for advancement.
The Conflict Theory Perspective
The conflict theory perspective emphasizes the role of power and inequality in
shaping social relationships. In the context of the workplace, the conflict theory
perspective suggests that gender inequality is perpetuated by the power dynamics
between men and women. Men are considered as the dominant group in society,
and are more likely to hold positions of power and influence in the workplace,
while on the other hand women are relegated to lower-paying, less prestigious
jobs. This power dynamic is reinforced by social norms and cultural beliefs that
view men as more competent and capable leaders than women.
The symbolic interactionist perspective: This emphasizes how gender inequality
is constructed and maintained through daily social interactions. In the context of
the workplace, the symbolic interactionist perspective suggests that gender
inequality is perpetuated through subtle, often unconscious, forms of
discrimination and bias. For example, male and female employees may be
evaluated differently based on their communication styles, with men being
perceived as more assertive and competent, and women being seen as more
emotional and less capable of leadership. These subtle forms of discrimination can
have a significant impact on the opportunities and outcomes available to men and
women in the workplace.
However, gender inequality in the workplace is not only a sociological issue but
also a legal one.
GENDER PAY GAP
One of the significant legal issue that prevails in India over years is gender pay gap
where women earn, on average, much less than men for the same work. According
to a report by the International Labour Organization, the gender pay gap in India is
around 16%, with women earning only 84% of what men earn in various sectors of
jobs. India has several laws in place to address the gender pay gap.
Legal provisions and landmark judgements
The Equal Remuneration Act, 1976 prohibits discrimination in wages and
provides for equal pay for equal work, irrespective of gender. The Maternity
Benefit Act, 1961 provides for paid maternity leave and other benefits for women
employees. Similar subject was held in the case of Vasantha Kumar v. State Bank
of India (2016) where the court held that women who take maternity leave are
entitled to the same pay and benefits as their male colleagues. The court noted that
the purpose of maternity leave is to enable women to fulfil their maternal
responsibilities, and that women should not be penalized for doing so. The Labor
Code on Social Security and Welfare provides for equal pay for men and women,
prohibition of discrimination based on gender, and protection from sexual
harassment at the workplace. This was applied in the case of Garment and Textile
Workers' Union v. Haryana State Industrial Development Corporation (2019)
where the court held that women who work in garment factories are entitled to
equal pay for equal work and that it is an important step towards ensuring gender
equality in the workplace.
Limitations and suggestions
Despite these laws, the gender pay gap persists in India due to the reasons of
occupational segregation, where women are overrepresented in certain low-paid
jobs and underrepresented in high-paying jobs. Moreover, there is a lack of
transparency and accountability in pay structures, which makes it difficult to
identify and address discrimination. Another reason for the gender pay gap is the
persistence of gender stereotypes and biases. Women are often seen as less
competent or committed to their jobs because of their gender, which can lead to
reduced opportunities for advancement and other forms of discrimination.
Individuals who experience gender pay discrimination can file a complaint with the
labour court or the civil court, and if the court finds evidence of discrimination, it
can order the employer to provide equal pay. In addition to legal remedies,
employers have a responsibility to create a workplace that is free from
discrimination and bias. This includes implementing policies and procedures to
prevent discrimination, providing training to employees, and promoting diversity
and inclusion in the workplace.
SEXUAL HARASSMENT
Sexual harassment in the workplace is a pervasive problem that affects many
employees, particularly women. It involves unwanted sexual advances, requests for
sexual favours, and other forms of verbal or physical conduct of a sexual nature
that creates a hostile or offensive work environment.
Legal provisions and landmark judgements
Initially there was no proper statues that specifically dealt with the issue of
sexual harassment in workplace. It was only in the case of Vishakha v. State of
Rajasthan (1997) where the court that laid down guidelines for preventing sexual
harassment in the workplace stating that it is a violation of a woman's fundamental
right to equality and right to life and liberty. The court also directed employers to
take preventive measures and establish a mechanism for complaints of sexual
harassment. Even in the case of Apparel Export Promotion Council v. A.K. Chopra
(1999), the Supreme Court held that sexual harassment need not be physical and
can include any unwelcome sexually determined behaviour, such as making sexual
remarks, gestures, or jokes. The court also emphasized that it is the responsibility
of the employer to ensure a safe and secure working environment for women. Later
on, to address this issue in a codified manner, Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and Redressal) Act, 2013 requires employers
to take steps to prevent and redress sexual harassment in the workplace. The Act
mandates the creation of an Internal Complaints Committee in every workplace
with 10 or more employees to receive and investigate complaints of sexual
harassment and maintain confidentiality during the same.

Limitations and suggestions

Despite the legal framework, sexual harassment in the workplace remains a
prevalent problem due to the reasons of lack of awareness about the law and the
rights of employees and the fear of retaliation or disbelief. In addition to the legal
remedies provided for employees, employers have a responsibility to create a safe
and inclusive workplace that is free from sexual harassment.
CONCLUSION
Gender inequality in the workplace is a complex and multifaceted issue that
requires a nuanced understanding of the social structures and cultural norms that
contribute to disparities between men and women. By taking a sociological
perspective on this issue, we can identify the underlying causes of gender
inequality in the workplace and work towards creating a more equitable and
inclusive society. Sociologists can contribute to this effort by conducting research,
advocating for policy change, and raising awareness about the impact of gender
inequality in the workplace on individuals and society as a whole. From a legal
perspective, it is essential to have laws and policies in place that promote equal
pay, prohibit discrimination and harassment, and ensure that individuals are held
accountable for any violations of these laws. The legal framework must also
provide mechanisms for redressal and enforcement.