Current societal attitudes still make discrimination against women at the workplace a critical obstacle towards achieving gender parity which further translates to the existing discrimination in pay levels in a number of industries and sectors. While legal reforms and economic development are prominent today, most parts of the world are still characterized by unequal treatment of women with regard to pay, career progression and the social aspects of work.

This paper seeks to develop understanding about the issue of discrimination against women in the workplace with particular attention to the gender pay gap which occurs as an example of the existing discrimination in the society. It starts with the explanation of the main terms, then gives the background of the issue and discusses laws and crucial cases, which have provided us with the nowadays view and attitude towards discrimination at work.

By Data and case studies, the author shows cases of discrimination in the workplace, including the discrimination in the pay rate, as well as the inflexible features using the example of the gender pay gap and inequality in the distribution of pay for work. The evaluation focuses on the U.S. Equal Pay Act, Title VII of the Civil Rights Act and the Equality Act of the UK. The article closes by providing practical suggestions that relate to changing both policies and organization in a way that reduces the inequity made possible through gendered notions of work.

Introduction
The fight to achieve gender equality within the workplace is one of the most important social and political issues that has endured for a very long time. Although there have been improvements, women still encounter forms of discrimination that compromise their ability to advance in their careers, the remuneration that they earn, and the general working experience.

Gender pay gap which is the difference between the average earnings of men and women in the workforce is one of the glaring markers of gender inequality and the widespread interest it has been subject to is still evident in most studies and policy issues. Discrimination, as far as employment is concerned, can either be direct like for instance giving different treatment when it comes to hiring or promotion, or it can be indirect like unfair evaluation tools or a work environment that excludes women.

Many jurisdictions have enacted laws and policies to combat discrimination in the workplace, but their compliance and actual effectiveness differ. In the United States, the phrase "equal pay for equal work" was introduced in law with the passage of the Equal Pay Act of 1963, which is further supplemented by the Title VII of Civil Rights Act where discrimination in employment on the basis of sex was outlawed. However, internal prejudices and segregation of employment, and weak implementation of these legislations, sink their potential. Assessing landmark workplace discrimination cases provides both the merits and demerits of the existing legal frameworks.

Research Problem
Assessing the Efficacy of the Legislative and London Enabling Framework on the Gender Wage Gap and Discrimination Towards Women in Employment in India:

This research problem invites a deeper analysis of:

• The degree to which the legal and judicial processes have been implemented in other sectors.
• The negative socio-cultural aspects that still prevent and impede women from achieving economic equality regardless of any legal provisions put in place.
• Recommendations on how to reinforce these frameworks and foster a more accommodating space for women in employment.

Research Objective
This research primarily seeks to understand the effects of workplace discrimination on women in India, especially the gender pay gap. This study, while examining relevant developments in legal enactments, adjudications and social forces related to workplace discrimination, will evaluate the efficacy of the existing statues and policies on anti-discrimination. In addition, the research aims to scope out the challenges that exist and provide recommendations for mitigating the effect of gender disparity in the workplace, so as to effective equal pay and equal opportunities to all women in all sectors of the country, including India.

Literature Review
Discrimination in the workplace, particularly in reference to women, is still a global issue and comes in different forms such as women receiving less pay, facing career limitations, and gender-biased practices within the workplace. The scholarly work on this topic includes much wider varieties such as elements of history, law, sociology, and policies.

This literature review focuses on issues related to workplace discrimination against women and the gender wage gap and explores such aspects as legal issues, socio-economic factors and the effect of different social divisions on this issue. In many studies, workplace discrimination is addressed in its complexity, depicting the interaction of legal, social, cultural, and economic components in reproducing inequalities faced by women in the workplace.

Despite the fact that laws and policies such as the Equal Remuneration Act and the Sexual Harassment Act in India have had some positive impact, there is still a long way to go towards eradicating discrimination in the workplace and closing the gender wage gap. As for recommendations on future research, it is essential to evaluate the implemented policies, such as the introduction of pay equity, and the problem of addressing discrimination based on multiple identities. These issues are vital for ensuring the promotion of fairness in work settings as well as the upliftment of every woman above all in every category of work.

Research Approach And Methodology
The research methodology adopted in this context combines legal analysis, case law study, data analysis, expert interviews and allows one to gain a comprehensive view of issues such as workplace discrimination and gender pay gap in India. This mixed-method approach seeks not just the structural and legal parameters of discrimination but also the socio-cultural dynamics that sustain the gender wage gap. The results aim to assist both the decision-makers and the organizational heads on how to implement effective measures in the workplace to ensure equality and eliminate the gender inequalities in pay.

Defining Workplace Discrimination And The Gender Pay Gap

• Understanding Workplace Discrimination
  Discrimination in the workplace is when an employee is biased against for reasons not related to their job performance. Most of these reasons are personal characteristics such as sex, ethnicity, and even age. Discrimination is usually felt by women very often in terms of the recruitment procedure, as well as, the allocation of responsibilities, wage disparity, and the chances to grow in the workplace. Moreover, workplace discrimination may be further defined by two divisions: direct discrimination where an employee is subjected to unfair treatment, and indirect discrimination where policies or practices disadvantage a particular group.
   
• The Gender Pay Gap
  The gender pay ratio is customarily expressed as a percentage difference between the male and female median income. This is a result of many aspects which include occupational segmentation, part-time employment, career breaks and even sexism. For instance, in the United States Census Bureau statistics, it is shown that women earn around 82 cents on average to every dollar that men make. However, this gap is more pronounced for women of color, and women in particular sectors, which demonstrates overlapping forms of disadvantage.
  
  

Factors Tributary To The Gender Pay Gap

1. Activity Segregation It is mostly the depiction of women in occupations that are considered, and in most cases low paying, appropriate to their gender. This form of segregation occurs due to certain social constructs and biases that restrict certain jobs and fields of work to girls.
2. Work Expertise and Career Interruptions Being a primary caregiver often leads to disruption in one's career, which is the case for many women, and thus affects their work experiences and incomes. Research suggests that young children have a large and persistent negative effect on women's wages and employment levels.
3. Part-Time Employment The majority of women in work engage in part-time jobs due to the responsibilities of caretaking roles. Most of the time, such positions offer less pay per time worked and little room for growth which fits in the overall income differential.
4. Discrimination and Bias Hiring, promotion, and pay-setting practices incorporate both explicit and implicit biases which operate to the detriment of girls. In fact, even in an anonymous online labor market, it is evident that girls earn but men, which again points towards different forms of discrimination existing.
5. Motherhood Penalty and Career Interruptions A number of women go on family care leaves, which tends to impede the career progressive dynamics and lead to lower income levels. In this case, the latter can be referred to as 'motherhood penalty`. On the other hand, most men experience what is known as 'fatherhood bonus' and earn more which is a bonus for having a child.
6. Lack of Negotiation Opportunities Studies indicate that girls are less inclined than boys to engage in salary negotiation more so because of societal expectations or fear of backlash. This will in turn tend to widen the wage gap as the years go by.

Historical Background And The Legal Framework For Gender Equality In The Workplace

• Early Efforts and the Equal Pay Act of 1963 The Equal Pay Act of 1963 was a breakthrough legislation in America which aimed at eliminating the issues of gender wage discrimination. This particular Act was meant to ensure that women were compensated equally for performing the same job, as previous customs and traditions kept women away from earning their fair share. Nevertheless, while the law was constructive, it remained ineffective in dealing with more complex forms of gender discrimination, as the existence of loopholes and the enforcement of the legislation were not effective in eliminating wage discrimination.
   
• Title VII of the Civil Rights Act (1964) 1964 in its civil rights act title VII built on the already existing legal framework for equality at the workplace by prohibiting discrimination on the basis of race, color, religion, sex and national origin. The notion of "disparate treatment" arose when, for the first time, the workers discriminated on any basis could claim even the most indirect form of discrimination – as long as such worker was treated in any way less favorably than his or her peers on the basis of their gender. In 1978 the Pregnancy Discrimination Act was added to prevent any form of discrimination arising from pregnancy, childbirth or medical related conditions, thus giving a huge boost towards the rights of women in employment.
   
• The UK Equality Act of 2010 In the UK, The Equality Act was enacted in 2010 and as a result of this action over 100 anti-discrimination statutes were brought together into one Act. The focus of the Act is to allow individuals to stand against any forms of injustice and ensure equality in the society. It also contains targeted measures to combat the issue of the gender pay gap which imposes larger companies to report on the gender pay ratio and allows the recovery of damages from within for any discriminatory practices.

Air India v. Nargesh Meerza (1981)
Here, the female air hosts filed a lawsuit against Air India's policy that stated the latter would retire them upon reaching the age of thirty-five years, pregnancy or within four years of marrying, yet the males did not have faced such burdens. The Supreme Court held that the provision to retire upon pregnancy was discriminatory and therefore unconstitutional as it contravened Article 14 of Right to Equality, as it drew on historical gender roles. It however maintained the age limit at thirty-five years, calling the rule an administrative policy rather than affording discrimination towards other employees of the same cadre. The case further spoke out on the necessity of modernizing work culture and promoting equality to women in all spheres.

Vishaka v. State of Rajasthan (1997)
Bhanwari Devi, a social worker, was gang-raped and subsequently women's rights organizations filed a Public Interest Litigation (PIL) on the need for legal action against harassment on the workplace citing insufficient legal mechanisms. In recognizing the lack of provisions within the legal framework for the prevention of sexual harassment, the Supreme Court prescribed the Vishaka Guidelines. The Guidelines sought to make the employers responsible to provide a harassment free working place and establish redressal mechanisms. The case also led to passing of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 which promotes rather than undermines gender equity and enhances women's dignity at the workplace.

Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa (1987)
Audrey D'Costa, a female stenographer has filed a complaint against her employer after discovering that male stenographers received higher pay than females for the same service. The Supreme Court upheld the woman's claim on the grounds that the disparity in question was against the Equal Remuneration Act of 1976 which provides for equal payment for equal work. The Court made it clear that there is no place for gender-based pay discrimination and served as an authority in respect to future war on wage disparity. This case solidified the principle of equal pay for women and men in the occupational setting.

Charu Khurana v. Union of India (2015)
Charu Khurana, a lady engaged in the art of beautification professionally, opposed the policy of the Cine Costume Make-Up Artists and Hair Dressers Association, which restricted the issue of licenses for make-up artists to men, while women were only made to work as hair dressers. The Supreme Court examined such practices within the landscape of women's rights and held that such practices were unconstitutionally racist, for they relied on very older notions of women's roles. The Court directed that the Association should eliminate its barriers to registration as a make-up artist for women as this ruling reinforced the belief that gender should not bar professional roles and employment. This ruling was instrumental in eradicating structural gender discrimination in the entertainment sector.

Impact Of Workplace Discrimination

Discrimination in the workplace not only limits earnings of individuals but it has wider economic and sociocultural effects on society. This leads to talent wastage, lower economic growth, and escalation of marginalization in the society. In addition, women have lower savings for retirement due to the gender wage disparity, as they possess lower pension pots than men. There are significant social and economic effects of the gender pay gap. Respectively, a target demographic, i.e. working-age women, who experience low life earnings also suffer a great deal the high incidence of poverty in later years and reduced prospects for investing in education, healthy living, and family affairs. Also, such unjust approaches impede achieving organizational diversity as well as increase the rate of attrition which affects productivity at large.

Methods To Handle The Gender Pay Gap

Policy Interventions

• The adoption of guidelines such as salary transparency, paid family leave, and adequate childcare services are remedies that can abate the factors contributing to wage variance, especially among women.
  • For instance, when there is an increase in access to free childcare services, it ensures that women are able to return to work earlier, thereby positively influencing their lifetime income and retirement funds.

Structure Practices

• Organizations should create inclusive cultures, ensure women's advancement in the workplace, and implement fair recruitment and promotion processes.
  • Building an inclusive culture and encouraging the advancement of careers for women helps reduce the gender wage gap.

Societal Amendment

• Overcoming stereotypes regarding behavioral expectations from women and men, as well as learning how to eliminate biases, are fundamental to achieving gender pay equity.
  • Educational processes and public communication are of drastic importance in such a turnaround.

Legal And Policy Interventions

Legal systems have been implemented in different nations to avert the effects of gender discrimination as well as to reduce the pay gap. For example, the us has the Equal Pay Act (1963) and Title VII of the Civil Rights Act (1964) which works towards the elimination of gender discrimination in wages and employment. Also, within the common market, the Gender Equality Recast Directive (2006) enforces equal treatment both in jobs without discrimination of gender, and payment for men and women.

Regardless of these advancements, controlling violence against women has remained complicated and different levels of commitment have been noted across sectors and regions. Support groups, therefore, call for the need to address for larger transparency in wage structures, active participation of employers in dealing with wage inequity, as well as active government's intervention for adherence to the statutes on equal pay.

Significant Recommendations:

1. Put into practice gender-responsive policies and measures.
2. Advocate for income disclosure and pay reconciliation.
3. Advocate for flexible working conditions.
4. Facilitate training for women on leadership and negotiation skills.
5. Promote an all-inclusive and no-bias culture within the organization.

The gender pay gap is not only a result of past inequalities but also a social issue that needs to be addressed because it could allow for greater distribution of economic and social justice.

Conclusion
All things considered, the issue of discrimination in the workplace with regard to women and the gender pay gap continues to be a problem that has not been solved in spite of the legal developments and policy initiatives. It is true that women's rights have been advanced substantially through landmark case law and statutes like the Equal Remuneration Act and the Vishaka Guidelines and title VII of the civil rights act, but there is more work that still needs to be done to address biases and systemic inequalities.

Organizational change, effective policy shocks, and societal change are critical in closing the gender wage gap and promoting women's fair inclusion in the labor market. Sound and equitable policies can help alleviate such challenges not only for its fairness but it is also instrumental towards economic growth and social equality.

References:

1. Air India v. Nargesh Meerza (1981). Supreme Court of India. Retrieved from https://www.indiankanoon.org
2. Charu Khurana v. Union of India (2015). Supreme Court of India. Retrieved from https://www.indiankanoon.org
3. Vishaka v. State of Rajasthan, (1997) 6 SCC 241. Supreme Court of India. Retrieved from https://www.indiankanoon.org
4. Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa, [1987] 2 SCC 79. Supreme Court of India. Retrieved from https://www.indiankanoon.org
5. Bamberger, S., & Klimczak, S. (2017). Legal and policy responses to the gender pay gap. Law and Society Review, 51(2), 349-378. https://doi.org/10.1111/lasr.12215
6. Chawla, A. (2020). Gender discrimination and the pay gap in India: A critical overview. Indian Journal of Labour Economics, 63(4), 25-39. https://doi.org/10.1007/s41027-020-00217-w
7. Equal Pay Act of 1963, Pub. L. No. 88-38, 77 Stat. 56. (1963). Retrieved from https://www.govtrack.us/congress/bills/88/hr5050
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9. The Equality Act 2010, c. 15. (2010). Retrieved from https://www.legislation.gov.uk/ukpga/2010/15/contents/enacted
10. Title VII of the Civil Rights Act of 1964 U.S. Congress. (1964). Civil Rights Act of 1964, Title VII: Equal Employment Opportunity. Public Law 88-352. Retrieved from https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
11. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. (2013). Retrieved from https://www.indiacode.nic.in
12. National Sample Survey Off., Ministry of Statistics & Programme Implementation, Government of India, Periodic Labor Force Survey 2020-21 (2021).
13. Blau, F. D., & Kahn, L. M. (2017). The gender wage gap: Extent, trends, and explanations. Journal of Economic Literature, 55(3), 789-865. https://doi.org/10.1257/jel.20160995
14. International Labour Organization. (2020). The gender pay gap: A review of the current evidence. International Labour Office. Retrieved from https://www.ilo.org/global/topics/equality-and-discrimination/gender-pay-gap/lang--en/index.htm
15. Research on Pay Negotiation Babcock, L., & Laschever, S. (2003). Women don't ask: Negotiation and the gender divide. Princeton University Press.
16. Title VII of the Civil Rights Act 1964 https://www.nsf.gov/od/oecr/eeolaws.jsp

Written By:

• Pratyush Sharma
  Email: [email protected]
• Vidhi Meena
  Email: [email protected]