EMPLOYMENT DISCRIMINATION LAWYERS IN GURGAON, NOIDA & DELHI NCR

Employment Discrimination Lawyers - Advising Employers, employees, and Workers in workplace matters.

Handling workplace discrimination matters in Gurgaon, Noida, and Delhi NCR.

According to the law, no employer can discriminate and harass a employee because of their gender, disability, age, religion, caste, pregnancy, or similar protected characteristics. Workplace discrimination can happen in the form of unfair treatment, harassment, indirect policies that harm someone, or targeting an individual unfairly.

As employment discrimination lawyers, our aim is to create a strong legal framework for workplace discrimination matters and ensure that employers treat everyone fairly in all parts of the job — such as hiring, promotions, salary, daily behaviour at work, and even during exit or termination.

With over 15 years of dedicated experience, the employment-law team at SPJ Advocates has successfully handled hundreds of complex workplace discrimination matters. Our lawyers have helped both employees and employers resolve sensitive workplace issues in a fair, and lawful manner. We ensure that affected employees receive the relief they deserve, while also guiding employers to comply with the law and maintain a respectful, transparent, and legally sound workplace environment.

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What Are the Different Types of Employment Discrimination?

In simple words, wrongful termination in India occurs when an employer removes an employee in a manner that is improper, illegal, unfair, or not allowed under employment laws. It also includes situations where the employer fails to follow the legal process or violates the terms mentioned in the employment contract while dismissing an employee. This includes situations where the employer:

  • Unequal Pay: Under the Equal Remuneration Act, 1976, it is illegal when two people do the same job but one is paid less only because of a protected reason comes in employment discrimination — for example, a woman being paid less than a man for the same work.
  • Unfair Rules or Policies: When workplace rules favour one employee and disadvantage another unfairly. For example: allowing employees of one religion to wear religious symbols, but not allowing another group. This goes against the equality rights in the Constitution of India Articles 14 and 15.
  • Pregnancy / Maternity Discrimination: Under the Maternity Benefit Act, 1961 and related legal practice, a pregnant employee cannot be penalized, dismissed or treated unfairly just because her attendance or performance changes due to pregnancy.
  • Disability Discrimination: The Rights of Persons with Disabilities Act, 2016 protects employees with disabilities. It is illegal to treat someone with a disability unfairly, deny them support or reasonable adjustments they need to do their job.
  • Gender Discrimination: When someone is treated differently because they are male, female, or a different gender identity. This includes unequal pay, unfair promotion, or harassment. The Equal Remuneration Act covers pay inequality for men and women.

If you feel you have been treated unfairly for any of these reasons, speak to our experienced employment discrimination lawyers at +91-8920245815, we will guide you and help you understand your legal rights.

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How SPJ Advocates Can Help You If You Are Facing Discrimination at Work?

Employment discrimination at the workplace is not only wrong but also against the law. At SPJ Advocates & Co., we stand with you and guide you through every step so you don’t feel alone.

First, We Try to Resolve the Problem Internally
Our employment discrimination lawyers help you understand your rights and make sure your complaint is taken seriously. We guide you on how to prepare and submit a proper written complaint to the HR Department or Management.

If You Have No Option Left but to Resign
However, sometimes the situation becomes too stressful. You may start feeling unsafe, uncomfortable, and may finally decide to leave the organization. If that happens, we can help you negotiate a fair exit or severance package, so you can move forward without any financial loss.

If Management Tries to Force You to Resign
If your workplace becomes unbearable and you feel forced to resign, we can support you legally. Our team has strong experience helping clients file cases for constructive dismissal, unfair treatment, and workplace discrimination.

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Why Choose SPJ Advocates for Employment Discrimination Cases?

The Employment Lawyers at SPJ Advocates handle a wide range of employment and workplace disputes, including:

  • Trusted during tough situations: When employees or companies face serious workplace issues, they often choose SPJ Advocates first. We are known for supporting clients during high-pressure and complicated moments.
  • Experienced in complex cases: Our team regularly handles challenging employment matters. Many of our cases help shape how employment laws are understood and used in real situations.
  • Strong High Court experience: Only a few firms manage High Court-level employment disputes—and SPJ Advocates is one of them. Clients rely on us because of our proven experience and consistent results.
  • Clear guidance from the start: Our employment discrimination lawyers offer simple, practical, and honest advice from the very first discussion, helping you understand your rights and responsibilities with ease.
  • Tailored legal strategies: We take time to understand your situation clearly and create a customised plan that fits your exact needs, whether you are seeking justice or resolving an internal dispute.
  • Support at every step: From internal complaints to legal proceedings, our team stands with you throughout the entire process, ensuring you always feel supported, informed, and confident.

If you are dealing with any kind of workplace discrimination—on either side—contact SPJ Advocates today. We are here to help you move forward with clarity, support, and peace of mind.

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FAQ - Employment Discrimination Law in India

Employment discrimination law in India refers to the legal rules that protect employees from unfair or unequal behaviour at the workplace based on factors such as gender, caste, religion, disability, pregnancy, age, marital status, or any other protected characteristic.
India does not have one single “Discrimination Act.Instead, protection comes from a combination of:
  • Constitutional rights (Articles 14, 15, 16 - equality and non-discrimination)
  • Equal Remuneration Act, 1976 (equal pay for men and women)
  • Rights of Persons with Disabilities Act, 2016
  • SC/ST (Prevention of Atrocities) Act
  • Maternity Benefit Act, 1961
  • POSH Act, 2013 (sexual harassment)
  • Industrial Disputes Act, 1947 (unfair labour practices)
These laws ensure that employees are treated fairly, without bias, and with equal opportunity.
If you believe you were unfairly dismissed, you should:
  • Gender discrimination
  • Sexual harassment
  • Pregnancy or maternity discrimination
  • unequal pay for equal work
  • Retaliation for raising complaints about misconduct
  • Discrimination in promotion, appraisal, or job assignments
  • Disability discrimination
  • Caste-based bias
  • Religious discrimination
  • Age discrimination
Yes, if her income doesn’t match the standard of living enjoyed in marriage and there’s a wide income gap.
  • Employee should report the issue internally to the HR department and management.
  • The employer must conduct a fair, impartial, and timely internal investigation/inquiry as required by law.
  • If the issue remains unresolved, a complaint may be filed in the Labour Court or Industrial Tribunal.
  • For government employees, the matter may be taken to the Administrative Tribunals.
  • Serious discrimination cases may also be taken to the High Court under Article 226 of the Constitution.
  • Evidence Collection: Both sides present documents, witness statements, emails, messages, CCTV footage, reports, and other relevant proof.
  • Hearing and Arguments: The court or tribunal examines the evidence and hears both parties.
  • Final Order: The decision may include compensation, reinstatement, back wages, disciplinary action, policy changes, or penalties for the employer.
To prove discrimination, you need to show:
  • Industrial Disputes Act - usually within 3 years, though disputes are often accepted even later if justified.
  • Labour Commissioner/Conciliation - ideally within 6–12 months of dismissal.
  • Civil suit for breach of contract - within 3 years under the Limitation Act.
  • Complaints under POSH retaliation - within 3 months of incident.
Evidence can include:
  • Emails, messages, chats
  • CCTV footage
  • Performance records
  • Witness statements
  • Medical reports (if disability or pregnancy discrimination)
  • HR letters and notices
  • Inquiry reports
You must show a clear connection between:
  • Who you are (gender, religion, caste, disability, pregnancy, etc.), and
  • What happened to you (termination, harassment, denial of promotion, etc.)
Courts often look for:
  • Patterns of unfair behaviour
  • Comparisons with co-workers
  • Direct remarks that show bias
  • Unreasonable punishments or sudden negative appraisals
  • Unfair investigation processes
Even subtle discrimination can be proven through circumstantial evidence.
Direct Discrimination
When someone is openly and clearly treated unfairly because of who they are.
Example:
  • Not hiring someone because she is pregnant.
  • Denying promotion because of caste or religion.
Indirect Discrimination
When a rule or policy appears neutral but affects a particular group unfairly.
Example:
  • A company rule that all employees must work late every day may indirectly harm pregnant women or employees with disabilities.
  • A dress code that unintentionally restricts certain religious practices.
Indirect discrimination is subtle but equally unlawful.
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