Gender-Specific Allowances for Safety: How Can We Address Concerns of Fairness?

As a corporation, we have decided to provide additional allowances to all our female employees. This is intended to ensure they can stay in high-quality hotels for enhanced safety and security during their outstation fieldwork. However, one of our male employees has raised a concern, stating that this could be seen as discriminatory, as all genders should receive equal benefits. We would like to seek advice on how to address this situation in a fair and equitable manner.

In addressing the concern raised by the male employee regarding the gender-specific allowances for outstation fieldwork, it's crucial to ensure equality and fairness in the workplace. Here are practical steps to handle this situation:

1. Review Existing Policies: Evaluate the current policies on allowances and benefits to understand if there are any gender biases or discrepancies.
2. Consult Legal Guidelines: Refer to labor laws and regulations to ensure compliance with anti-discrimination laws. If necessary, seek legal counsel to validate the approach.
3. Communicate Transparently: Hold a meeting or send out a communication explaining the rationale behind the additional allowances for female employees and how it ties to safety and security concerns.
4. Seek Feedback: Encourage open dialogue with all employees to gather their perspectives on the matter and address any concerns raised.
5. Consider Alternative Solutions: Explore options to provide additional benefits or allowances that benefit all employees, regardless of gender, such as training programs, wellness initiatives, or flexible work arrangements.
6. Implement Fair Practices: Ensure that any changes made are fair, transparent, and inclusive to maintain a harmonious work environment.
7. Monitor and Adjust: Regularly review the impact of the allowances and benefits provided to ensure they are achieving the intended goals without creating disparities.

By taking a proactive and inclusive approach, organizations can navigate such situations effectively while upholding principles of equality and fairness in the workplace.

Understanding the Intent

The additional allowance for female employees is rooted in legitimate safety concerns since women often face higher safety risks during travel. Companies may proactively offer enhanced support to mitigate these risks. This is an example of affirmative action—measures designed not to give unfair advantages but to create equal opportunities in practice, especially where risks or disadvantages are not the same for all.

Addressing the Male Employee’s Concern

The concern about discrimination stems from the principle of formal equality—treating everyone the same. However, treating everyone equally is not always fair when starting conditions differ. This is about equity, not preferential treatment. Equity recognizes different needs and risks.

A Balanced and Inclusive Policy

To address both perspectives, consider revising the policy to be a Gender-Neutral, Risk-Based Policy. This would allow all employees—regardless of gender—to request enhanced allowances or accommodations based on risk assessment criteria, which may include:
- Time of travel (e.g., late-night check-ins)
- Location risk profile (high-crime or low-infrastructure areas)
- Personal safety concerns (based on past experiences or reports)

Communicating Transparently

Reaffirm that employee safety is a top priority while clarifying that the company is committed to both fairness and inclusivity. Ensure that safety-related benefits are accessible to all who demonstrate a need.

Legal Review (Optional but Recommended)

Consult your legal or HR compliance team to ensure the policy is consistent with anti-discrimination laws.

Summary

- Acknowledge the male employee’s concern.
- Shift from a gender-specific to a safety-needs-based allowance policy.
- Promote equity by recognizing different risk levels, not by assuming everyone has the same experience.

During outstation visits, women's safety is of utmost importance. Given this, many companies conduct a thorough check of the hotels to ensure women's safety. They check the reputation of the hotel as well.

However, once a particular hotel is selected, all employees should be able to use it for their outstation stay. Choosing a higher-grade hotel for women and one notch below for the menfolk is an example of discrimination. It violates the principle of equality.

Hotel accommodation is a status symbol. During outstation visits, many times employees' relatives, friends, ex-colleagues, etc., visit the hotel. A classy hotel enhances not just the employees' image but their companies as well.

By chance, a team consisting of male and female members travels outstation, but by arranging their accommodations separately, what signal could the company be sending to the client or the customer? Will it not embarrass the male members of the team when the client comes to know they are coming to the workplace from two separate hotels?

General Comments: I wish the HR professional of this company could have been proactive in bringing to notice the discrimination and the potential demotivation it could lead to. If the HR professional brings this to notice, then the top leadership should have taken due cognizance of the views expressed by him/her.

Thanks,

Dinesh Divekar

The concern of the male employees is justified and a matter of concern for your establishment. Your grant of extra benefits on grounds of gender is not only illegal but also against the Constitution. Our labor laws aim to promote gender equality by prohibiting discrimination based on sex, ensuring equal pay for equal work, and providing protections for women workers, particularly regarding maternity leave and childcare. The Equal Remuneration Act of 1976 mandates equal pay.

Constitutional Provisions

Article 14 of our Constitution guarantees equality before the law and equal protection of the laws, while Article 39(d) directs the State to strive for securing equal pay for equal work for both men and women. Can you justify facilitating the female workmen for Five Star Hotel and Three Star Hotel for Manager (male)? There is nothing to prevent you from ensuring safety for female employees, but not in a discriminatory manner that creates cracks in class and positional values.

Regards