Stretching the Scope: Understanding Gender-Based Discrimination as Workplace Harassment under the Protection against Harassment of a Women at Workplace, 2010 in Pakistan

Abstract

This research examines the evolving interpretation of the Protection against Harassment of Women at the Workplace Act, 2010 in Pakistan, with a focus on understanding gender-based discrimination as a form of workplace harassment. While the Act was initially designed to address sexual harassment, recent legal developments including the 2022 amendments and the Supreme Court’s 2023 review judgment 34have broadened its scope to include discriminatory practices such as unequal pay, denial of promotions, and exclusion from decision-making roles. The study highlights the constitutional guarantees of equality and dignity for all citizens, alongside Pakistan’s international obligations under ILO conventions, and evaluates how effectively these protections are being translated into workplace realities. Using secondary data, including FOSPAH statistics from July 2023 to June 2024, which recorded 823 complaints (655 harassment and 168 property rights cases), the research underscores both progress and persisting challenges. Findings reveal that although awareness of workplace rights is increasing, weak enforcement, cultural barriers, and institutional biases continue to limit women’s equal participation in the workforce. The study concludes that legal reforms, awareness campaigns, and institutional accountability are essential to ensure that gender-based discrimination is fully recognized and addressed as workplace harassment. Expanding the scope of the Act not only fulfills constitutional and international commitments but also contributes to creating safer, more inclusive workplaces in Pakistan.