FOSPAH Rules in favor of female Journalists calls out gender-based discrimination hidden as administrative changes in Daily Jang

ISLAMABAD, April 21 (EPI): The Federal Ombudsperson Secretariat for Protection Against Harassment (FOSPAH) has ruled in favor of five senior female employees of Daily Jang Rawalpindi who faced workplace hostility and an arbitrary change in work hours, following their efforts to regularize their employment status and seek fair compensation.

The complaint was filed by five women, all highly qualified professionals with over 18 years of service at the organization. Their shift from day to night duty without justification or formal order, and denial of basic facilities such as safe transportation, created a toxic and discriminatory work environment.

The management, in its defense, claimed administrative prerogative in making these changes and argued the issue did not fall under the ambit of the Protection Against Harassment of Women at the Workplace Act, 2010.

After a thorough examination of the evidence, the Federal Ombudsperson found Daily Jang Rawalpindi in violation of Section 45(b) of the Factories Act, 1934, which mandates that women can only work beyond 7:00 pm if safe transportation is provided, and cannot be made to work after 10:00 pm under any circumstances.

Shockingly, during the proceedings, the Accused admitted that no conveyance facilities were extended to the Complainants, and even denied any legal obligation on the organization’s part to do so. One of the Accused went so far as to declare that it was not his responsibility to worry about how the Complainants would return home at 2:00 am.

This indifferent and callous approach of the management and the Accused towards the safety of the Complainants revealed their discriminatory and prejudicial mindset towards women. In light of the sufficient material on record demonstrating the violations and insensitive approach of the Accused and the management, FOSPAH directed the following:

– Immediate provision of proper night-time transportation for all affected female employees.
– A complete ban on assigning work to female employees beyond 10:00 pm.
– A minor penalty of compensation under Section 4(4)(i)(d) of the 2010 Act, whereby both Accused are ordered to pay Rs. 25,000/- to each of the five Complainants, totaling Rs. 125,000/- per Accused.

This recognition is a significant step forward in acknowledging the covert and systemic forms of gender discrimination that many women face at the workplace, especially when policies and changes are implemented under the guise of routine administration.

The ruling clarifies that administrative freedom does not grant employers the authority to marginalize or endanger female employees.