Beyond Tokenism: Are Workplaces Truly Supporting “Different” Employees

“Arre, aap toh unhe utha kar le jaa sakte hai” — “Someone can just lift them up.”

In an interview with The Lallantop, former Chief Justice of India, DY Chandrachud, shared the profound challenges he faced in finding suitable housing for his daughters, who are differently abled. Despite his esteemed position, he and his wife inspected over 60 homes but couldn’t find one that met their family’s needs. This candid admission underscores a critical issue: while diversity is celebrated in the workplace, genuine inclusion remains a distant goal.

When workplaces champion diversity, are they genuinely addressing the unique needs of all employees, or merely spotlighting women as a baseline? Superficial diversity initiatives, like gym memberships or fitness sessions, often fail to accommodate differently abled employees who may require adaptive equipment or accessible spaces.

Similarly, transgender employees might encounter barriers such as inadequate gender-neutral restrooms or non-inclusive transportation services. True inclusion demands intersectional policies, customized benefits, equitable facilities, and culturally responsive support, that reflect the diverse identities and challenges within the workforce, moving beyond token gestures to foster meaningful belonging.

This gap between diversity hiring and actual inclusion is evident across corporate India. Many organizations focus on meeting diversity quotas without implementing policies or infrastructure that support the diverse needs of their employees. The story of Former Justice Chandrachud serves as a poignant reminder that true inclusion goes beyond hiring practices, it requires a systemic approach that addresses the real challenges faced by individuals with diverse needs.

Diversity ≠ Inclusion: The Gap in Corporate India

Hiring for diversity is one thing; creating an environment where diverse employees can truly thrive is another. Despite growing awareness and celebration of diversity in corporate India, genuine inclusion remains a steep challenge particularly for employees who are differently abled or identify outside the gender binary.

The numbers are overwhelming, but they reflect a deeper truth about systemic barriers and societal attitudes. Workforce participation for persons with disabilities in India stands at just 36%, compared to 60% for those without disabilities, and the gap is even wider for women with disabilities. Over 80% of transgender employees report facing discrimination or harassment at work. This includes from being denied promotions or unfairly terminated, to verbal, physical, or even sexual harassment. Many transgender employees feel forced to engage in ‘covering’ behaviors . Many avoided certain bathrooms or changed the way they speak in order to hide aspects of their identity and navigate the workplace safely without facing discrimination or harassment.

A Study from the 2018 National Human Rights Commission report further revealed that over 92% of transgender individuals are denied formal employment, often leaving them with no choice but to take up low-wage or dehumanizing work, while barriers in education and pervasive societal discrimination make long-term career growth even more challenging. Consequently, transgender employees are twice as likely as other LGBTQ workers to leave jobs due to mistreatment.

Inaccessible infrastructure, lack of tailored accommodations, insufficient training, and persistent stereotypes mean that diversity on paper doesn’t always translate into a culture where everyone can thrive.

“The data may be daunting, but it underscores a vital point: true inclusion is not a checkbox it’s about creating workplaces where all employees, regardless of ability or identity, can feel safe, supported, and empowered to succeed.”

Imagine entering a workplace knowing that simple actions, like using the restroom or speaking naturally, could put you at risk of harassment or judgment. Imagine the mental and emotional toll of constantly hiding parts of yourself, or the frustration of being qualified for a role but repeatedly turned away because of bias. Inclusion is not just about providing a desk or a job title; it’s about creating an environment where employees can contribute fully, bring their authentic selves, and grow without fear. True equity requires empathy, systemic change, and intentional practices that dismantle barriers. Without this, diversity remains symbolic, and workplaces miss out on the full potential of their people.

One Size Doesn’t Fit All: Rethinking “Benefits”

Many organizations assume inclusion can be achieved through generic perks for example free lunch, team outings, or wellness challenges. But these benefits often serve only the majority. A differently abled employee might struggle to access certain office spaces, a transgender colleague may feel excluded in spaces without gender-neutral facilities, and standard health coverage might ignore critical needs like assistive devices or specialized therapy.

True inclusivity requires looking beyond one-size-fits-all perks. It means understanding the unique needs of each employee and providing support, tools, and policies that allow everyone, regardless of ability or identity, to contribute fully and thrive in the workplace. What some may perceive as the ‘cost’ of inclusion is not charity; it is a mandate under Indian law, and organizations are legally obliged to provide equitable access and accommodations.

Recent landmark judgments have further reinforced the legal obligations of employers to ensure inclusion and dignity for diverse employees. In CH. Joseph v. Telangana State Road Transport Corporation & Others (2025), the Supreme Court held that employees who acquire disabilities during service cannot be terminated without exploring reasonable accommodations. Emphasizing constitutional protections under Articles 14 and 21, the Court stated, “The employer’s discretion ends where the employee’s dignity begins,” and ordered Joseph’s reinstatement with full back wages and alternative duties suitable for his disability. 

Similarly, in the National Legal Services Authority (NALSA) v. Union of India (2014) case, the Supreme Court legally recognized transgender persons as a “third gender,” affirming their right to self-identification, equal treatment in education and employment, and access to affirmative action measures to address social and economic disadvantage. Together, these rulings underscore that inclusion is not discretionary but a constitutional and legal mandate, extending the employer’s responsibility beyond policy to ensuring dignity, equality, and opportunity in the workplace.

“These legal frameworks and landmark judgments make it clear: true inclusion is more than a policy statement or a diversity quota. It is a continuous commitment to creating workplaces where every employee, whether differently abled, transgender, or otherwise marginalized can participate fully, safely, and with dignity.”

But laws and policies alone are not enough. The real challenge lies in translating these mandates into everyday practices, from infrastructure and benefits to culture and mindset. This is where organizations must move from policy to practice.  To design systems, processes, and environments that do not just accommodate, but actively empower, diverse employees to thrive.

From Policy to Practice: What Real Inclusion Looks Like

Laws in India lay a strong foundation for inclusion, mandating that workplaces respect the rights and dignity of all employees.

For transgender employees, the Transgender Persons (Protection of Rights) Act, 2019 prohibits discrimination in recruitment, employment, and workplace conditions. It requires that employees be addressed by their chosen names and pronouns, and that employers provide a safe and harassment-free environment. The Code on Occupational Safety, Health and Working Conditions, 2020 further mandates gender-specific restrooms and welfare facilities for transgender workers, with penalties for non-compliance. While these laws set clear standards, challenges remain in grievance redressal due to employer-controlled mechanisms and limited enforcement.

For differently abled employees, the Rights of Persons with Disabilities (RPwD) Act, 2016 prohibits discrimination in employment and mandates reasonable accommodations, barrier-free access, and equal opportunity across both government and private establishments. Employers must appoint grievance redressal officers and ensure speedy investigation of complaints, with fines and imprisonment for violations. The Act aligns with the UN Convention on the Rights of Persons with Disabilities and expands protections beyond earlier legislation.

A bench of Justices JB Pardiwala and R. Mahadevan emphasized that access to toilets and washrooms is not just a matter of convenience but a fundamental human right. In January 2025, the Supreme Court of India directed that all court premises and tribunals provide separate restroom facilities for men, women, persons with disabilities, specially abled individuals, and transgender persons. The Court highlighted that proper sanitation falls under Article 21,

“the right to life and dignity, and stressed that facilities for transgender and differently abled persons are essential not only for privacy and safety but also as a recognition of their basic human rights.”

In Rajive Raturi v. Union of India, the Court established that ramps and accessibility are non-negotiable constitutional rights, effectively shifting the discussion from a purely statutory obligation to a fundamental rights framework, reinforcing that accessible infrastructure is essential for the dignity and inclusion of differently abled individuals.

For companies, these legal mandates are just the starting point. True inclusion requires translating policy into tangible actions. This means going beyond compliance to proactively design workplaces where every employee can participate fully and safely. Accessible infrastructure, such as ramps, elevators, and gender-neutral restrooms, must be standard, not optional. Benefits and wellness programs should reflect diverse needs, from flexible work arrangements and assistive technologies to mental health support. Equally important is cultivating an inclusive culture through training, awareness, and clear grievance mechanisms that empower employees rather than leaving them hesitant to speak up. Inclusion becomes real only when policies, infrastructure, and culture work together to ensure that every employee regardless of ability, gender identity, or other differences.

Moving From Symbolic to Systemic Change

True diversity isn’t just about celebrating “different” hires; it’s about creating environments where they can truly thrive. Hiring someone is only the first step  the real work begins in ensuring their needs, abilities, and identities are supported every day.

Some corporates have already begun moving in this direction. HUL invests in structured sponsorship programs and inclusive leadership training, making growth pathways visible for women and underrepresented groups. Wipro’s “CREATE” framework and “PRIDE” network ensure that employees with disabilities and LGBTQ+ employees are not only recruited but given tools and community support to advance. Infosys, through “Restart with Infosys,” opens doors for women to re-enter the workforce, while Axis Bank backs its diversity targets with flexible policies and accessibility infrastructure. Flipkart, too, with initiatives like “Flipsters with Disabilities,” shows that inclusion is not about symbolic statements but about reimagining systems so that all employees can thrive. 

These examples demonstrate that inclusion is not an abstract ideal it is built in the everyday choices companies make about policies, infrastructure, leadership accountability, and cultural norms. The ask is clear: Corporate India must move beyond tokenism and intentionally design workplaces where difference is valued, accommodated, and celebrated  not sidelined. Only then can inclusion shift from being symbolic to systemic, empowering every employee to contribute fully and with dignity.