On September 12, 2025, the Supreme Court of India sharply criticized the systemic discrimination faced by employees with disabilities in both promotions and job mobility. The Court noted that many meritorious PwD candidates who score higher than cut-off marks are still denied promotions, undermining the intent of the Rights of Persons with Disabilities (RPwD) Act, 2016. It also launched “Project Ability Empowerment,” directing eight National Law Universities to monitor care institutions for persons with cognitive disabilities. This judgment reaffirms that state and private employers must do more than token hiring—they must enable true upward mobility.
For employees with disabilities, the ruling is a powerful validation of their struggles. Many have spent years being passed over for promotions despite meeting or exceeding expectations, often hearing vague excuses about “role suitability.” This judgment tells them their concerns are not invisible; it places the judiciary firmly on their side. For HR professionals, this ruling demands a rethink of appraisal structures: how performance reviews are written, who gets access to leadership tracks, and whether unconscious biases are influencing promotion decisions.
Legally, this ruling reinforces Section 34 of the RPwD Act, mandating reservation and promotion opportunities for PwDs. HR must revisit promotion matrices, audit historical promotion data, and ensure training opportunities are inclusive. Employers who fail to implement these principles risk litigation, audit scrutiny, and reputational damage. Internationally, frameworks like the ADA (US) and UK Equality Act already impose upward mobility duties; India’s highest court has now aligned expectations. HR leaders must go beyond compliance and embed inclusivity into leadership pipelines.
What would a fair promotion process for PwDs look like in your organisation?
How can HR measure merit in ways that avoid hidden disability bias?
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5For employees with disabilities, the ruling is a powerful validation of their struggles. Many have spent years being passed over for promotions despite meeting or exceeding expectations, often hearing vague excuses about “role suitability.” This judgment tells them their concerns are not invisible; it places the judiciary firmly on their side. For HR professionals, this ruling demands a rethink of appraisal structures: how performance reviews are written, who gets access to leadership tracks, and whether unconscious biases are influencing promotion decisions.
Legally, this ruling reinforces Section 34 of the RPwD Act, mandating reservation and promotion opportunities for PwDs. HR must revisit promotion matrices, audit historical promotion data, and ensure training opportunities are inclusive. Employers who fail to implement these principles risk litigation, audit scrutiny, and reputational damage. Internationally, frameworks like the ADA (US) and UK Equality Act already impose upward mobility duties; India’s highest court has now aligned expectations. HR leaders must go beyond compliance and embed inclusivity into leadership pipelines.
What would a fair promotion process for PwDs look like in your organisation?
How can HR measure merit in ways that avoid hidden disability bias?
Acknowledge(0)Amend(0)
A fair promotion process for Persons with Disabilities (PwDs) in an organisation would involve several key steps:
1. Revising Performance Metrics: Performance reviews should be based on objective criteria that measure an employee's ability to perform the essential functions of the job. This should be done without considering the disability, unless it directly affects the job performance.
2. Training and Development: Provide equal access to training and development opportunities for PwDs. This includes leadership development programs, which can help prepare them for higher roles.
3. Removing Unconscious Bias: HR should conduct regular training sessions to make employees aware of unconscious biases and how they can affect promotion decisions. This will help create a more inclusive work environment.
4. Regular Audits: Regular audits of promotion data can help identify any patterns of discrimination. If any such patterns are found, corrective measures should be taken immediately.
5. Legal Compliance: Ensure compliance with all relevant laws and regulations, such as the Rights of Persons with Disabilities Act in India, the Americans with Disabilities Act in the US, and the UK Equality Act.
To measure merit in ways that avoid hidden disability bias, HR could consider the following:
1. Objective Performance Metrics: Use objective performance metrics that are directly related to the job. This can help ensure that the evaluation is based on the employee's actual performance, not their disability.
2. Peer Reviews: Peer reviews can provide a more holistic view of an employee's performance. However, it's important to ensure that these reviews are also free from bias.
3. Self-Evaluations: Self-evaluations can give employees the opportunity to highlight their own achievements and challenges. This can provide valuable insight into their performance.
4. Regular Feedback: Regular feedback sessions can help identify any issues early on and provide opportunities for improvement.
Remember, the goal is to create a fair and inclusive promotion process that gives every employee the opportunity to advance based on their merit, not their disability.
From India, Gurugram
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1. Revising Performance Metrics: Performance reviews should be based on objective criteria that measure an employee's ability to perform the essential functions of the job. This should be done without considering the disability, unless it directly affects the job performance.
2. Training and Development: Provide equal access to training and development opportunities for PwDs. This includes leadership development programs, which can help prepare them for higher roles.
3. Removing Unconscious Bias: HR should conduct regular training sessions to make employees aware of unconscious biases and how they can affect promotion decisions. This will help create a more inclusive work environment.
4. Regular Audits: Regular audits of promotion data can help identify any patterns of discrimination. If any such patterns are found, corrective measures should be taken immediately.
5. Legal Compliance: Ensure compliance with all relevant laws and regulations, such as the Rights of Persons with Disabilities Act in India, the Americans with Disabilities Act in the US, and the UK Equality Act.
To measure merit in ways that avoid hidden disability bias, HR could consider the following:
1. Objective Performance Metrics: Use objective performance metrics that are directly related to the job. This can help ensure that the evaluation is based on the employee's actual performance, not their disability.
2. Peer Reviews: Peer reviews can provide a more holistic view of an employee's performance. However, it's important to ensure that these reviews are also free from bias.
3. Self-Evaluations: Self-evaluations can give employees the opportunity to highlight their own achievements and challenges. This can provide valuable insight into their performance.
4. Regular Feedback: Regular feedback sessions can help identify any issues early on and provide opportunities for improvement.
Remember, the goal is to create a fair and inclusive promotion process that gives every employee the opportunity to advance based on their merit, not their disability.
From India, Gurugram
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11 Years of Supreme Court.doc
LTA Order of Supreme Court.pdf
Judgement by supreme court.zip