WORKPLACE DISCRIMINATION IN THE LGBTQ+ COMMUNITY: LEGAL STRATEGIES FOR INCLUSIVITY
AUTHOR – YOKHITH SUNDAR M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY
BEST CITATION – YOKHITH SUNDAR M, WORKPLACE DISCRIMINATION IN THE LGBTQ+ COMMUNITY: LEGAL STRATEGIES FOR INCLUSIVITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 692-700, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT:
Discrimination against LGBTQ+ people at work is still a big problem that goes against the main ideas of equality, dignity, and non-discrimination in today’s job market. Although the general awareness of LGBTQ+ rights among people worldwide increased, and the law acknowledges it, LGBTQ+ individuals still experience systemic discrimination in employment, salary, and promotion opportunities, as well as the culture at work. The current paper critically examines the nature and extent of discrimination of LGBTQ+ individuals at the workplace, with a particular focus on the Indian legal framework and how it has evolved due to the constitutional interpretation and judicial activism.
The paper will analyze key provisions in the constitution namely, Articles 14, 15, 19 and 21 that guarantee equality, non-discrimination, freedom of expression and the right to a dignified life. Cases such as Navtej Singh Johar v. Union of India[1] and National Legal Services Authority v. Union of India[2] are referred to illustrate how significant judiciary is in acknowledging sexual orientation and gender identity as fundamental rights. The paper also looks at the legal protections offered by the Transgender Persons (Protection of Rights) Act, 2019, and how well they work to stop discrimination at work.
The study also looks at the global perspectives, i.e. the norms set by the International Labour Organization and the United Nations, to enable a comparative analysis of workplace inclusivity. The paper identifies key areas where enforcement, the attitudes of the people, and the law fail particularly in the case of discrimination of sexual orientation.
The paper ends up proposing a multiplicity of legal and institutional strategies, including extensive anti-discrimination legislation, changes in workplace policies, grievance addressing mechanisms, and awareness-raising programs, all with the goal of fostering inclusiveness. It concludes that as much as legal recognition is an essential first move, continued implementation and cultural change is required to achieve substantive equality of LGBTQ+ individuals in the workplace.
Key words: LGBTQ+, Individuals, Workplace, Discrimination.
[1] Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.
[2] National Legal Services Authority v. Union of India, (2014) 5 SCC 438.