How to Deal with Workplace Discrimination and Harassment in Nepal

Workplace discrimination and harassment are any unfair or abusive treatment of an employee or a customer based on their personal characteristics, such as gender, caste, ethnicity, religion, disability, sexual orientation, or age. Workplace discrimination and harassment can take various forms, such as:

• Denying equal opportunities or benefits to certain employees or customers
• Making offensive or derogatory remarks or jokes about certain employees or customers
• Displaying or circulating discriminatory or obscene materials or messages
• Touching, groping, or assaulting certain employees or customers
• Threatening, intimidating, or coercing certain employees or customers
• Isolating, excluding, or ignoring certain employees or customers

Workplace discrimination and harassment can have serious consequences for the victims, such as:

• Physical and mental health problems, such as stress, anxiety, depression, insomnia, headaches, or low self-esteem
• Reduced work performance, productivity, motivation, or satisfaction
• Increased absenteeism, turnover, or resignation
• Damaged reputation, relationships, or career prospects
• Legal liability, penalties, or sanctions

Workplace discrimination and harassment are not only harmful to the victims but also to the employers and the society. They can cause:

• Loss of talent, diversity, innovation, and competitiveness
• Poor work environment, morale, trust, and teamwork
• Increased costs of recruitment, training, litigation, and compensation
• Negative public image, reputation, or goodwill
• Violation of human rights and dignity

Therefore, it is important to prevent and address workplace discrimination and harassment effectively. Here are some steps you can take if you are a victim or a witness of workplace discrimination and harassment in Nepal:

• Know your rights and responsibilities. You have the right to work in a safe, fair, and dignified environment free from discrimination and harassment. You also have the responsibility to respect the rights and dignity of others and to report any incidents of discrimination and harassment that you experience or observe.
• Seek help and support. If you are a victim of workplace discrimination and harassment, you should seek help and support from someone you trust, such as a friend, family member, colleague, union representative, counselor, lawyer, or human rights activist. They can provide you with emotional support and guidance on how to deal with the situation.

• Report the incident. You should report any incidents of workplace discrimination and harassment to the appropriate authority as soon as possible. Depending on the nature and severity of the incident, you can report it to:

  • Your supervisor or manager
  • The human resources department
  • The internal complaint mechanism of your workplace
  • The external complaint mechanism of your sector or industry
  • The relevant government agency or regulatory body
  • The police or the court

  You should provide as much information and evidence as possible about the incident, such as:

  • The date, time, location, and duration of the incident
  • The name and position of the perpetrator and any witnesses
  • The details of what happened and how it affected you
  • The actions you took to stop or prevent the incident
  • The copies of any documents or materials related to the incident

You should also keep a record of your report and any follow-up actions taken by the authority.

Seek legal action if necessary. If you are not satisfied with the response or outcome of your report, or if you face any retaliation or adverse consequences for reporting workplace discrimination and harassment, you may consider taking legal action against the perpetrator or the employer. You can file a civil suit for compensation or a criminal case for punishment under the relevant laws of Nepal, such as:

• The Constitution of Nepal 2015, which guarantees the right to equality and non-discrimination and prohibits any form of discrimination and untouchability on any grounds
• The Labour Act 2017, which prohibits any form of discrimination and harassment in employment and occupation and provides for remedies and penalties
• The Sexual Harassment at Workplace (Prevention) Act 2014, which defines and prohibits sexual harassment at workplace and provides for complaint mechanisms, remedies, and penalties
• The Civil Code 2017, which provides for compensation for any harm or damage caused by wrongful acts
• The Criminal Code 2017, which provides for punishment for various offences related to discrimination and harassment, such as assault, insult, defamation, coercion, intimidation, or rape

You may need to consult a lawyer who specializes in workplace discrimination and harassment cases to help you with your legal action. You can find a lawyer through various sources, such as:

• Nepal Lawyer, an online web portal that connects you with hundreds of lawyers across the major cities in Nepal who specialize in various areas of law, including workplace discrimination and harassment law
• Nepal Bar Association, the professional organization of lawyers in Nepal that maintains a directory of its members and their areas of practice
• National Human Rights Commission, the constitutional body that monitors and protects human rights in Nepal and provides legal aid and assistance to victims of human rights violations
• Non-governmental organizations (NGOs) or civil society organizations (CSOs) that work on human rights, gender equality, or social justice issues and provide legal aid and advocacy services to victims of discrimination and harassment

Workplace discrimination and harassment are serious violations of human rights and dignity that can affect your well-being and career. By following these steps, you can deal with workplace discrimination and harassment effectively and assert your rights.