Are you in Compliance as a "Company" with the Transgender Persons (Protection of Rights) Act, 2019
On December 5, 2019, the Central Government published in the official gazette the Transgender Persons (Protection of Rights) Act, 2019 ("Act"), six years after the Supreme Court recognized gender identity as one of life's most fundamental aspects in the celebrated case of National Legal Services Authority v. Union of India, W.P. Civil No 604 of 2013. The Transgender Persons (Protection of Rights) Rules, 2020 ("Rules"), were notified on September 25, 2020, with effect from January 10, 2020, via notification bearing no. S.O. 135 (E) of even date.
1. The Act applies to any corporation, body corporate, association, or body of individuals, firm, cooperative, or other society, association, trust, agency, or institution that is founded by or under a Central Act or a State Act. As a result, even private businesses are required to follow the Act's rules.
2. Key Compliance Requirements
2.1 No discrimination against transgender people in the workplace, including recruiting, promotion, and other related concerns. In this regard, the Rules mandate that every establishment post an equal opportunity policy for transgender people, together with information on support networks, as required by the Act.
2.2 Infrastructure (such as unisex toilets), safety and security measures (such as transportation and guards), and amenities (such as hygiene products) to be provided to transgender people in order for them to efficiently perform their tasks in the establishment.
2.3 Applicability of all company rules and regulations governing employee working conditions.
2.4 Employees' gender identities are kept confidential.
2.5 Appointment of a person to act as a complaint officer for complaints relating to violations of the Act's provisions, who must be appointed within 30 days of the Rules' publication.
2.6 Publish Procedure for making complaints to designated complaint officer.
2.7 Design Grievance redressal Procedure to ensure
a) the complaint officer shall enquire into the complaints received within 15 days of receipt of the same.
b) The head of the establishment shall act on the enquiry report submitted by the complaints officer within 15 days from the date of submission of the report.
3. States will be responsible for “timely prosecution of individuals” charged under Section 18 of the Act which proscribes offences against the transgender community and penalties therein. The offences would be punishable with imprisonment for six months up to two years, with a fine
Next Steps for Employers
1· Draft a Transgender policy / Pride policy to include all provisions as mandated in the Act on service rules.
2· Update Grievance Redressal Policy.
3· Update Dress Code policy to accommodate for changes as required.
4· Regular update of policies and periodic review of employee’s life cycle and other benefits policies carried out to promote inclusiveness and diversity
5· Including gender inclusion and transgender acceptance in the workplace as part of company policy. This would require putting to rest any misconceptions regarding trans-validity, identity's respecting their preferred pronouns and proper professional behaviour.
6· Other measures include updating personnel records to ensure transgender persons are not incorrectly classified as men or women as the case may be.
7· While it's not mandated in Act, it will be a progressive position to update the following policies from a more gender-neutral standpoint.
a) Parental Leave policies to accommodate for gender-neutral benefits.
b) Prevention of Sexual Harassment policy and working rules.
c) It is important that transgender people are a part of the Committee responsible for carrying out the inclusion agenda.
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