The Constitution of India provides both anti-discrimination and protective discrimination provisions under Article 14-17. Article 17 abolishes untouchability in any form and its practice is punishable by law.
Equality is one of the magnificent corner-stone of Indian democracy. The doctrine of equality before law is a necessary corollary of rule of law which pervades the Indian Constitution.
To prove discrimination, plaintiffs must provide evidence that they: (a) are a member of a protected class, (b) are qualified for the position at issue, (c) suffered an adverse employment action, and (d) the employer treated similarly situated employees outside of the protected class more favorably (or some other ...
Article 143 and 15 are the most significant which assurances Right to Equality and states the issue of discernment and arrange for equivalent shield under laws in India. Article 154 forbids discrimination on the basis of race. Class, gender or birth place.
Many cases of intentional discrimination are not proven by a single type of evidence. Rather, many different kinds of evidence-direct and circumstantial, statistical and anecdotal-are relevant to the showing of intent and should be assessed on a cumulative basis.
Ing to various legal industry analyses, plaintiffs in employment discrimination lawsuits might win at trial in approximately 1 out of 4 cases. However, this rate can fluctuate based on jurisdiction and the nature of the case.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Ministry of Labour & Employment. Government of India.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.