Pregnancy, maternity leave cannot be grounds for demotion at work, says HC, Pg6

Key Highlights:

• The Delhi High Court ruled that pregnancy and maternity leave cannot be grounds for demotion or professional disadvantage at work.
• The court awarded Rs 10 lakh in compensation to Rakhi Bisht, who was demoted after returning from maternity leave at HashiCorp.
• Justice Sachin Datta emphasized that such actions undermine constitutional commitments to equality and dignity.
• HashiCorp was directed to frame rules for pregnancy-related workplace accommodation and post-maternity reintegration within six months.

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Detailed Insights:

• Rakhi Bisht, a chartered accountant, found her role reassigned to a lower-level position after returning from maternity leave in July 2024.
• The court stated that a woman should ordinarily return to the position held before maternity leave.
• If the original post is genuinely unavailable, an equivalent role in terms of pay, grade, status, and growth prospects must be provided.
• Employers must communicate reasons for any role change and consider the woman’s objections with a reasoned response.
• The court noted the absence of a comprehensive framework for post-maternity reintegration in the Maternity Benefit Act, 1961, and the Code on Social Security, 2020.
• Suggestions included a "protected period" for women employees from pregnancy disclosure until six months after returning to work.
• Employers would be mandated to conduct individualized assessments for reasonable workplace accommodations within seven days of pregnancy disclosure.

Key Concepts Involved:

• Maternity Benefit Act, 1961: Legislation providing for maternity benefits and leave for women employees in certain establishments.
• Code on Social Security, 2020: A comprehensive law consolidating provisions related to social security, including maternity benefits.
• Article 14: Guarantees equality before the law and equal protection of the laws within the territory of India.
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 21: Protects the right to life and personal liberty, interpreted to include the right to live with dignity.
• Article 42: Directs the State to make provisions for securing just and humane conditions of work and for maternity relief.