One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Ms. X worked for XYZ Corporation in City A and faced discrimination during her pregnancy. Initially, her manager approved work-from-home arrangements during her sixth month of pregnancy for medical reasons. However, the HR department later implemented stricter policies requiring all employees, including pregnant and post-maternity women, to return to office premises mandatorily. When Ms. X explained her medical condition and doctor’s advice for reduced travel, the company pressured her to take early maternity leave, effectively forcing her out of active work earlier than legally required. This violated her fundamental rights under maternity protection laws and constituted workplace harassment based on pregnancy status. The company’s discriminatory policy specifically targeted pregnant employees, denying them reasonable accommodations that were previously granted and creating a hostile work environment that affected her career progression and financial security.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Document everything immediately including emails, policy changes, and verbal communications regarding the WFH denial. File a complaint with the Internal Complaints Committee under POSH Act if your company has one. Contact the Labour Commissioner’s office in your state to report violations of maternity benefits. Consider approaching the National Commission for Women for gender-based workplace discrimination.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), Section 351 addresses wrongful restraint in employment contexts. The Maternity Benefit Act, 1961 provides comprehensive protection for pregnant employees. Section 12 prohibits dismissal during pregnancy and maternity leave periods. The POSH Act, 2013 covers workplace harassment including pregnancy-related discrimination. Equal Remuneration Act, 1976 ensures non-discrimination in employment conditions. Under BNSS, Section 173 governs investigation procedures for workplace complaints. Constitutional Article 15(3) provides special protection for women, while Article 42 mandates just and humane conditions of work including maternity relief.
If You Are the Complainant
Gather all documentary evidence including emails, medical certificates, and policy communications from HR. File written complaints with your company’s Internal Complaints Committee within three months. Submit a detailed complaint to the Labour Commissioner highlighting violations of maternity benefits and forced leave. Contact the National Commission for Women with a comprehensive complaint including timeline of events. Maintain a detailed record of financial losses due to forced early leave including salary deductions and benefits.
If You Are the Victim
Preserve all medical documentation supporting your need for work-from-home arrangements during pregnancy. Collect evidence of discriminatory policy implementation targeting pregnant employees specifically. Document instances of harassment, pressure tactics, or threats regarding early maternity leave. Seek support from colleagues who witnessed discriminatory behavior or policy announcements. File complaints simultaneously with multiple authorities including labour department, women’s commission, and company grievance mechanisms for maximum pressure and legal protection.
How the Police Behave in Such Cases
Police typically treat workplace pregnancy discrimination as civil matters initially, directing victims to labour courts or women’s commissions. However, if harassment involves criminal intimidation or wrongful confinement, they may register FIRs under relevant BNS sections. Police often require substantial documentary evidence before taking action in employment disputes. They may suggest mediation through labour authorities first. Response varies significantly based on the severity of harassment and quality of evidence presented.
FAQs People Normally Have
Can employers force pregnant employees to take early maternity leave? No, this violates Maternity Benefit Act provisions and constitutes discrimination.
Is WFH denial during pregnancy legal? Employers must provide reasonable accommodations; blanket denials may constitute harassment.
What compensation can I claim? You can claim lost wages, maternity benefits, and damages for mental harassment.
How long do I have to file complaints? Most labour law complaints must be filed within three months of the discriminatory act.
What Evidence Is Required?
- Email communications regarding WFH requests and denials
- Medical certificates supporting pregnancy-related work restrictions
- Company policy documents showing discriminatory implementation
- Witness statements from colleagues about harassment incidents
- Salary slips showing financial impact of forced leave
- Records of previous accommodations granted by management
- Documentation of HR communications regarding policy changes
How Long Will the Investigation Take?
Labour Commissioner investigations typically take 3-6 months depending on case complexity and evidence quality. Internal company investigations under POSH Act must conclude within 90 days. Women’s commission inquiries may take 2-4 months. Court proceedings can extend 1-2 years if the matter reaches litigation. Timely filing and complete documentation significantly accelerate resolution processes across all forums.
Advocate Sudhir Rao, Supreme Court of India