Objective, Scope and Applicablity
Indian constitution encompasses social safeguard measures for all citizens of India in Article 15 and Article 16 :
- Article 15 mandates the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16 mandates equal opportunity in matters of public employment.
- Article 16(2) further states that no citizen shall on grounds only of religion, race, colour, caste, sex, descent, place of birth, residence, or any of them be ineligible for or discriminated against in respect of any employment or office under the State.
SCPL has endeavored to capture the spirit of the above national and international statutes in the EEO and Anti-Discrimination Policy. SCPL is committed to promoting equal employment opportunities and a workplace that is free of all forms of discrimination. Equal opportunity means that all staff experience fairness, impartiality, and equal access to all career initiatives in the SCPL. SCPL’s commitment to equal opportunity promotes an inclusive work environment that values and accepts the diverse cultural and social backgrounds of its staff.
Scope and Applicability
The Policy applies to all directors, officers, employees, consultants, and contractors of SCPL. Each such person agrees to be bound by the provisions of this Policy upon notification of the most recent copy being given to them or upon notification that an updated version has been placed on SCPL’s website for review.
Standards in Providing or Accepting Gifts or Hospitality
Directors, officers, employees, consultants and contractors, and their families will not give or accept gifts, gratuities, or entertainment in relation to SCPL or its business that may conflict with the provisions of this Policy. For clarity, all directors, employees, consultants, and contractors of SCPL must ensure that:
- The gift/hospitality is not given or accepted with the intention or expectation of influencing a party to obtain or retain business or a business advantage
- The gift or hospitality is customary to the industry;
- The gift or hospitality does not violate any local laws;
- Any gift or hospitality given is provided in the name of the Company and not in the name of the individual;
- The gift or hospitality does not include cash or a cash equivalent (e.g. vouchers, gifts certificates);
- The gift or hospitality is of an appropriate type and value and given or accepted at an appropriate time, taking into account the business relationship with the counterparty, any pending action expected of the counterparty, and the reason for the gifts/hospitality;
- The gift or hospitality would be considered as being appropriate by an independent third party bystander in all the circumstances and in hindsight; and
- The gift / hospitality is given or accepted openly and not secretly.
Policy and Process : Objective
The objectives of this Equal Employment Opportunity (EEO) and Anti-Discrimination Policy are to ensure that all:
- SCPL’s employees or potential employees do not suffer unfair discrimination in the workplace.
- Individuals and groups within the SCPL work in an environment where all decisions are free of discrimination, and where they have an equal opportunity based on relevant abilities, skills, and merit.
- Employees are encouraged to take positive action towards promoting equal opportunity throughout the organization.
- Personnel actions such as compensation, benefits, transfers, layoffs, company-sponsored training programs, and social and recreational programs will be administered on a non-discriminatory basis.
- Application of labor laws to be uniformly applied in the organization.
Policy and Process : EEO and Provisions of Service
It refers to the principle which ensures that all employees and potential employees of SCPL are treated equitably and fairly regardless of their race, sex or disability. Everyone has an equal chance when applying for jobs, IJPs, transfers, promotions, training opportunities and in their working conditions. The following activities shall be conducted in a uniform manner-
- Recruitment procedure and selection criteria, for appointment or engagement of a person as an employee;
- Promotion and transfer of an employee;
- Training and staff development for an employee; and
- Terms of employment or any other employee-related activity
Policy and Process: What is Workspace discrimination?
Discrimination occurs when someone is treated unfavorably because of a certain attribute. Discrimination may involve some or all of the following:
- Conduct that can be considered harassing, coercive or disruptive, including sexual harassment
- Making offensive ‘jokes’ about another worker’s clan, ethnic background, colour, sex, appearance, or disability
- Expressing negative stereotypes about particular groups e.g. “married women shouldn’t be working.”
- Judging someone on their political or religious beliefs rather than their work performance.
- Using selection processes based on irrelevant attributes such as ethnic or clan group, age, sex, or disability rather than on knowledge, skills, and merit
Policy and Process: Parameters of Discrimination
SCPL and its employees shall strive to create a workplace that is free from discrimination in their employment practices against any potential or existing employees, and shall not discriminate on a person’s:
- Age or other circumstances
- Cultural or social beliefs such as religious
- Educational Background
- Race, ethnicity or nationality
- Spiritual, traditional or customary beliefs
- Political opinion
- Physical features or physical disabilities
- Gender identity and expression
- Marital status
- Pregnancy or judging the impacts of potential pregnancy on decisions
- Sexual orientation
- Health or physical disability or impairment
- Medical record
- HIV status
- Family responsibilities
- Trade Union membership
Policy and Process : Compliant Process and Procedures
A person wishing to make a complaint of discrimination can consult and file a complaint with the CEO or COO of the Company. The complaint should be made in writing within 5 working days of any such incident of discrimination.
Process to be followed
Once a complaint has been filed, an investigation will be undertaken immediately. In instances where there is an alleged respondent, the respondent will be notified immediately. The complainant and the respondent will both be interviewed along with any individuals who may be able to provide relevant information.
SCPL supports resolving matters through mediation provided that it is consistent with organizational duties, obligations, and needs. Mediation can only be undertaken voluntarily. If both parties agree to participate, matters may be resolved through mediation in the following circumstances. Once the matter has been investigated and SCPL has determined the facts of the case, SCPL may use mediation to develop appropriate solutions to the complaint; and, in rare instances, where the incident is an isolated event and the parties do not dispute the facts, SCPL will act diligently to ensure that matters are dealt with in a manner that ensures the safety and protection of everyone within the organization.
SCPL will investigate all complaints immediately and will work towards the prompt resolution and prevention of discriminatory acts and practices. The first round of investigation and conclusion shall be arrived at within 10 working days from the date of filing of the complaint.
All complaints will be investigated in the same manner with the aim of promoting, fairness and equality.
Confidentiality and the Right to Privacy
SCPL will preserve the confidentiality of all individuals involved in a discrimination complaint. The preservation of confidentiality may be affected by the employer’s duty to prevent discrimination in/at SCPL and by the alleged respondent’s right to know the nature of the complaint being made against them and who has made it so that they can respond. If the investigation fails to find evidence to support the complaint, no documentation concerning the complaint will be placed on the file of the respondent. SCPL will retain all documentation for 12 months for informational purposes in the event that there is an internal appeal or a complaint filed with an outside agency.
Outcomes and Remedies
SCPL will act swiftly to ensure that the discriminatory practice is stopped as soon as possible and may remedy the situation in a number of ways. Where the investigation determines that discrimination has occurred or the matter has been successfully mediated, outcomes may include moving the respondent to another department, changing the respondent’s job duties, or a letter of apology. Actions taken to remedy a discriminatory situation should not have a negative effect on the complainant. The main concerns of the employer will be to ensure that the discrimination ends and to restore workplace harmony.