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suing my ex-employer on grounds of gender discrimination
05-Sep-2023 (In Labour & Service Law)
I want to understand the viability of suing my ex-employer on grounds of gender discrimination. 1) My rating was reduced while I was on maternity leave, even though I had excellent feedback from my business partner (and was in the top 10% of the organization) 2) When I returned from my maternity leave, they created inflexible circumstances for me to have me tender my resignation, using the pressure of having to care for a six month old at home 3) I had no exit interview where I could air these concerns. I want to know my chances of success here for litigating them. This happened in 2013-2014.
My first concern is why did you not raised this issue when it happened, that is in 2013-14? I ask this because you have to explain the reason for the delay. Maternity benefit rules are strict in India, however the employment agreement/ handbook or rules of the Company will also carry weightage as a Company may choose to implement the policy in it's own way. If you have the necessary documentation to file a case against the company - you can give it a shot. However please note two things: 1) You may not be able to claim reinstatement and can likely seek monetary compensation only; and 2) you will have to prepare an explanation for the delay in filing such case. Reasonable explanations for delays are usually accepted in Courts..
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