"While there are indeed many ways to adopt a nationwide uniform policy, this should be preceded by a detailed analysis of state-specific requirements to ensure that compliance requirements are being met for the organisation holistically and to prevent risks of enforcement from local authorities."
Reflecting on your career, what key moments shaped your perspective on building equitable workplace practices, and how have they influenced the way you approach client solutions and organizational strategy?
I consider myself quite lucky to have been raised in an environment where I was never made to believe that my capabilities or expectations in terms of a career should ever be any different from that of a man. While I have also had the privilege of working with people who were of a similar mindset, I would be remiss if I said that it was always smooth sailing. As I look back now, it was this smattering of challenging instances- be it at the workplace or other professional settings such as conferences, that made me realize that people’s social conditioning and unconscious bias often become a huge obstacle in the career trajectory of many deserving young lawyers and the impact of such instances on the psyche of young minds cannot be overstated.
So, when we built our firm, implementing equitable workplace practices was at the core of our value system. At an organizational level, we try to go beyond the mandate of the law- for instance, our male resources are provided with paid paternity leave and remote work benefits, which greatly exceed the prevalent market practice. It is our way of ensuring that the societal expectation of mothers sacrificing their careers for child rearing is not the norm at our workplace, and men take an equal part in the process. We take a humane approach to such issues and often go above and beyond to make accommodations that allow our female workforce to transition back to work at a reasonable pace.
For our team members, it is equal pay for equal work, and we do not have subtle practices that trickle down indirectly to lead to pay disparity among our resources.
We carry the same ethos when we advise our clients in terms of organizational strategies. For instance, when formulating POSH policies, we always recommend that clients adopt a gender-neutral policy, which goes beyond the legal mandate. Despite recent changes and rollbacks to DEI mandates in the US, we find that many of our international clients with subsidiaries in India continue to be committed to creating a safe and fair environment for their workforce. Many of these mandates also often inspire us to do even better- we’ve had the good fortune of working with clients who continuously push the envelope. We’ve seen many instances of recruitment drives to promote hiring from the LGBTQ+ community, and initiatives to increase female participation in the tech space, to name a few.
In cross-border M&A, the complexity and multitude of Indian employment laws often surprise foreign investors. What’s the biggest misconception, and your advice to them?
Based on my experience, the biggest misconception that foreign investors often have (especially while considering operations on an India-wide scale with locations in many States) is that having adequate planning, policy and compliance framework for the main/head office is sufficient for ensuring compliance in the other locations in other States.
While there are indeed many ways to adopt a nationwide uniform policy, this should be preceded by a detailed analysis of state-specific requirements to ensure that compliance requirements are being met for the organisation holistically and to prevent risks of enforcement from local authorities.
Multinational clients also often find it challenging to understand how at-will employment cannot be implemented in India. We usually take them through the legal requirements to consider (such as the requirement of reasonable cause), the need to establish misconduct claims by way of internal enquiry and the importance of thoroughly documenting the entire process so as to mitigate any risks stemming from potential future claims.
Many see DEI as compliance, not strategy. In your experience, what’s one policy or initiative that has significantly advanced workplace inclusivity today?
I think viewing DEI simply as compliance and not strategy is not a wise approach and limits its efficacy.
DEI opens the doors to diverse perspectives and experiences, which has myriad positive implications such as boosting creativity and employee morale and leading to creative solutions to problems at the organisational level- so it shouldn’t be seen merely as a checked box, but rather as an invaluable tool to boost organisational goals while fostering a fair and balanced work environment.
In fact, while there are DEI-centric laws and compliance requirements in India, in my view, they do little to ensure such principles in practice. For example, every establishment is legally required to establish equal opportunity policies for better representation and protection of persons with disability, transgender persons, etc. However, the actual recruitment of the aforesaid categories of personnel is low and has a lot of room for improvement, especially in the private sector.
Therefore, in my experience, the best DEI measures that I have witnessed were not those that stemmed from undertaking statutory obligations but those that came from personal ideas, individual experiences, management initiatives, and takeaways from judicial precedents.
Given that the of DEI initiatives needs to be holistic and follow a multi-pronged approach to be truly successful, it is difficult to narrow it down to one specific initiative. That being said, we have seen many organisations adopt a data-driven approach to DEI and reap considerable benefits. It starts off with making a checklist of the organisation’s DEI preferences and goals, compiling data necessary to create a sit-rep, followed by implementing policies such as hiring and recruitment policies in order to implement goals. While collecting information on certain identities, such as LGBTQI+, caste, etc. can be complicated due to legal constraints and societal stigma, devising anonymisation protocols and ensuring the confidentiality of such disclosures can help the workforce volunteer this information- which is often pivotal to get a broader understanding of the existing demographic.
Coupled with policies such as gender-neutral caregiving time-off policies, acknowledging mental health concerns in employment relationships and providing flexibility in operations in case of health or family emergencies, this can help foster a positive work environment and boost overall productivity and employee retention.
With the Labour Codes incoming, M&A employment liabilities may shift. From your perspective, Are acquirers proactively preparing or is there still uncertainty in deal structuring?
The announcements of the Indian Government are geared towards implementing the new labour codes in the near future. In our experience, while the number of acquirers proactively preparing for the labour codes is low, in general, there’s continued interest amongst clients wanting to understand any potential changes they need to prepare themselves for from a compliance and change in policy perspective- especially when such changes could have financial implications.
Our advice to potential acquirers is to ensure that a holistic approach is undertaken while planning employment frameworks such that a foundation is set and adequate steps are taken to the extent possible for proactive preparation of the policies.
This would avoid having to significantly revamp the employment policies at a later date and keep the organisation ready to implement the new laws as and when they come into force.
What advice would you give young women looking to build a career in DEI and employment law, not just to specialize, but to create meaningful impact?
To young women who are looking to build a career in DEI and employment law, my biggest advice would be to not get lost in labels but look for the impact that they wish to create and work towards creating an environment in their respective workplaces that reduces the hurdles for the next generation of women entering the field.
It can be a fascinating field to work in, a rare one, where one can often leverage one’s own personal experiences to add value. It is a privilege to be able to work in the field of law, which has such a direct impact on the culture of many organizations and touches so many lives.
It is unfortunate that bias remains prevalent in the Indian workplace, particularly when it comes to women’s career progression, increments, time off requests, health concerns, etc. For instance, we have seen instances where organizations announce that they provide period leaves- however, they are seldom utilized due to stigma and fear of rebuke from managers. So, whether it is while advising clients or leaning in and making space for oneself at the workplace, women should champion these causes and not be afraid to use their voice to change the status quo.
About Disha Mohanty:
Disha Mohanty, Partner at G&W Legal, heads the firm’s Labour and Employment department, advising global corporations on Diversity, Equity & Inclusion (DEI) initiatives, large-scale restructuring, HR policies, and internal investigations. Her expertise extends to emerging areas such as disability laws, equal opportunity regulations, and LGBTQ affirmative action.
Recognized as a Recommended Lawyer by The Legal 500 Asia Pacific for four consecutive years, Disha was also named a Notable Lawyer in the 2024 rankings. Her leadership has been instrumental in securing G&W Legal’s Employment practice a consistent spot among the Leading Law Firms in The Legal 500 Asia Pacific Guides from 2022 to 2025.
Known for her sharp insights and pragmatic approach, she is regarded as “knowledgeable, responsive, and providing high-quality advice.” An active member of the American Bar Association’s Employment Law Section and the National Employment Law Council (USA), Disha has also shared her expertise on global platforms, including the (US) National Employment Law Council 2024 Conference in Chicago and a Lexology Masterclass on employment termination in Asia.
