Discrimination, Harassment and Civil Rights Matters : India and U.S.

Rights and Protections – at the Workplace and Wrongful State Action

SAATH works on anti-discrimination and anti-harassment laws of both India and the U.S. While India does not have a robust anti-discrimination law like some other countries do, it has dispersed legislation like the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the SC and ST (Prevention of Atrocities Act) 1989 as well as some penal provisions in India’s criminal codes.

Surabhi regularly represents workers in discrimination and retaliation claims in the U.S. in pre-litigation disputes and has been part of successful mediations to resolve disputes without the protracted ordeal of trials. SAATH works with clients in the U.S. at a pre-suit stage who may be facing employment discrimination or sexual harassment at the workplace. Types of Employment discrimination under the U.S. law include:

National Origin

Gender Identity

Sexual orientation

Pregnancy

Sex

Race

Age

Caste

Disability

Religion

SAATH through its collaboration with Sanford Heisler Sharp McKnight works on* employment discrimination, harassment and retaliation* as well as violation of civil rights in university spaces across the U.S. Surabhi has also been part of trials where pre-suit resolutions have not been possible.

SAATH works with *victims of sexual harassment and assault in India and the U.S.* to represent and advise them on the best legal action in both civil and criminal proceedings that they may want to act on. SAATH has the intention of seeking compensation for harms created by sexual assault and harassment, and other harms at the workplace through the rarely used litigation strategy in India – of using existing common law and tort claims. Such claims can easily be made under the American laws and SAATH works on getting economic and compensatory damages under U.S.
anti-discrimination and anti-harassment laws.

SAATH specifically aims to work with *survivors of sexual assault* through an approach of trauma-informed lawyering and understanding of the re-victimization that legal processes can create. SAATH also focuses on strategies with respect to retaliatory legal claims and intimidating legal tactics in India against speaking up about sexual harassment such as through defamation lawsuits.

SAATH also hopes to participate in the advocacy and academic conversations around the *need for anti-discrimination* laws in India that have been made by lawyers, activist and academics for decades.