Diversity, Equity, and Inclusion (or DEI) is, as our name suggests, at the core of who we are at Cohere. Our commitment to these values is unwavering and is reflected in all our work. As responsible architects of workplace culture, at Cohere we recognize that DEI is central to a healthy and productive work environment across organizations.
These workplace values stem from a simple principle that varied perspectives helps generate better ideas to solve the complex problems of a changing and increasingly diverse world. No doubt, Diversity is a critical piece of the work culture jigsaw puzzle. But without Equity and Inclusion, it would be impossible for diverse groups of employees across organizations to do their best work and shine while fighting inequality in the world.
If your team is considering how to move forward with your DEI journey, do take some time to align on these concepts and the laws that protect them.
What is Diversity, Equity & Inclusion?
Diversity is the representation of all our varied identities and differences (i.e. Ethnicity, gender, disability, sexual orientation, gender identity, caste, socio-economic status, thinking and communication styles, etc.), collectively and as individuals.
Equity seeks to ensure fair treatment, equality of opportunity, and fairness in access to information and resources for all.
Inclusion builds a culture of belonging by actively and often, mandatorily inviting the contribution and participation of all people.
Indian Legal Framework around DEI
To encourage diversity in the brave new world, a legal framework is in place to encourage the inclusion of traditionally vulnerable or otherwise excluded groups of people (such as women, LGBTQI or persons with disabilities) in workplaces and protect them against potential inequities and biases.
Women at Work
A large step taken by the regulator towards the inclusion of women in the workforce was by addressing impediments faced by women to stay employed and/or productive (such as sexual/ gender-based harassment and inequities in opportunity and support faced by women when they embrace motherhood).
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or the PoSH Act is India’s first legislation specifically addressing the issue of workplace sexual harassment.
The Maternity Benefit Act, 1961 protects the employment of women during the time of maternity (inter alia by preventing termination) and entitles a 'maternity benefit', i.e. fully paid leave/absence from work to take care of her child for 26 weeks. The Act poses a requirement that makes crèche facility mandatory for every establishment employing 50 or more employees. Also, the Act recognizes rights of an adopting mother and of a commissioning mother (using a surrogate to bear a child) for the first time, by extending them maternity benefits, and recognizes “work from home” options that may be of benefit to mothers after the maternity leave expires.
LGBTQI Community – Inclusion and Mainstreaming:
The Supreme Court’s verdict in the Navtej Singh Johar & Ors. v Union of India, or popularly the Section 377 judgment has gone way beyond the simplicitor decriminalization of consensual intercourse of members of the LGBTQI community and established their overdue recognition in society. The effects on the modern workplace are notable.
Hitherto, due to the criminality alluded to sexual orientation on account of Section 377 of the Indian Penal Code, Indian workplaces (even those that had much more diverse practices abroad) were unable to openly and fully embrace diversity and inclusion policies that also engaged on sexual orientation. The judgement has reinforced the inclusion and mainstreaming of LGBTQI.,
The first real win for the transgender community came in the case of National Legal Services Authority (NALSA) VS. Union of India. The Supreme Court held that persons who fall outside the male/female gender binary can be legally recognised as “third gender” persons; and that gender identification is a right. Thereafter the Transgender Persons (Protection of Rights) Act, 2019 [annex PDF Act] came into being. The Act prohibits the discrimination against transgender persons in accessing education, employment, and healthcare. It also recognises the right of an individual to self-perceived gender identity.
Recognition of the Differently Abled
The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is the disability legislation passed by the Indian Parliament to fulfil its obligation to the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007. This is a substantial legislation that aims to include and mainstream persons with disabilities in the workforce and society.
The Act emphasises on the rights of persons with disabilities – such as right to equality and opportunity, right to inherit and own property, right to home and family and reproductive rights, rights to education and employment and against discrimination and abuse, among others. The RPWD Act talks about accessibility - to ensure that persons with disabilities get barrier-free access to physical infrastructure and transport systems. Additionally, it holds the private sector accountable.
In the RPWD Act, the list of disabilities sets out 21 conditions and includes cerebral palsy, dwarfism, muscular dystrophy, acid attack victims, hearing impairment, speech and language disability, specific learning disabilities, autism spectrum disorders, chronic neurological disorders such as multiple sclerosis and Parkinson's disease, blood disorders such as haemophilia, thalassemia, and sickle cell anaemia, and multiple disabilities.
The Act provides an elaborate definition of mental illness which is “a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behaviour, and capacity to recognize reality or ability to meet the ordinary demands of life.
How Cohere can help you move forward in your DEI path