Building effective and equitable policies: moving beyond the basics of legal compliance

Vinduja Menon
Trilegal, Bangalore
Vinduja.Menon@Trilegal.com

Monazza Sajid
Trilegal, Delhi
monazza.sajid@Trilegal.com

Creating meaningful workplace policies goes beyond legal requirements and is significantly about building a workplace where everyone feels valued and supported. While compliance is essential, it should be seen as the foundation, not the finish line. This article explores how workplace policies can move beyond statutory obligations that promote true equity. It provides a practical roadmap for designing policies that drive real change.

Drafting policies with a purpose

Primarily, effective and fair policies should be designed with a clear purpose. Organisations should start with the ‘why’ behind the policy. To achieve this, the organisation must first define its goals and ensure that its policies are designed to support them.

Putting purpose into practice

For instance, if the goal is to establish neurodiverse resource groups within a specific function over the next two years, its policies should support this initiative accordingly. This could include mandating the formation of neurodiverse employee resource groups (ERGs) within specific functions or departments and allocating necessary resources such as funding, meeting spaces and administrative assistance. Additionally, the existing accessibility policies could be expanded to include specific provisions for neurodivergent employees, including flexible work arrangements, quiet workspaces, assistive technologies and adjusted communication styles. It should also ensure confidentiality and a non-judgmental process for requesting accommodations.

Understanding the workforce

Organisations must understand the diverse and complex identities of their workforce. People do not fit into a single category – they often have overlapping identities, a concept known as intersectionality. For example, an employee may be both neurodivergent and part of an underrepresented racial group, or an LGBTQ+ individual may face challenges related to both their sexual orientation and gender identity. These layered identities shape how individuals navigate the workplace and the obstacles they encounter. By recognising intersectionality, organisations can better address employees’ unique challenges. This also involves fostering awareness that discrimination takes many forms and affects people differently.

Choosing the right terminology

The language used in these policies shape an organisation’s commitment to a respectful and fair workplace. Inclusive language goes beyond political correctness and reflects an understanding of equitability and respect for individual dignity.

Navigating language in disability inclusion

Terminology matters in disability contexts. Person-first language (for example, ‘person with autism’) emphasises individuality, while identity-first language (for example, ‘autistic person’) reflects those who see their disability as core to their identity. Organisations should respect individual preferences, which can be gathered through surveys, conversations with relevant employees or observations. Organisations can also utilise tools such as AI inclusion coaches to provide guidance on improving language in workplace communications.

Finding the right balance – flexibility v structure

Overly rigid policies can create unnecessary bureaucracy, while overly vague policies can lead to inconsistencies. The key is to strike a balance. For example, misconduct policies should have structured investigation procedures to ensure due process and fairness. This is particularly important in cases involving employees with disabilities, where accommodations and specific needs must be considered to avoid discrimination. Conversely, leave policies could allow for reasonable flexibility to accommodate diverse employee needs – for example, providing adaptable work arrangements for parents returning from parental leave.

Beyond drafting policies – training, accessibility and continuous improvement

When employees see that an inclusive workplace is more than just words on paper, they are more likely to understand their role in building a respectable workplace. Providing training, making policies accessible and improving them based on employee feedback can create a workplace where everyone feels respected and valued.

Training

Organisations should consider implementing structured training sessions and regular refresher courses to help employees integrate equitable practices into their daily work.

Accessibility

Such policies should be clearly visible and easily accessible. Organisations can achieve this by using formats compatible with assistive technologies, providing translations in local languages and making policies readily available on internal portals.

Continuous improvement through review

Organisations should regularly review these policies – not just after legal amendments but also in response to employee feedback.

Ways to successfully enforce fair policies

Recognising employees who actively follow these policies to promote a fair and accessible workplace through awards, incentives and formal acknowledgment could foster an inclusive culture. Conversely, clearly outlining consequences for non-compliance can reinforce accountability and motivate employees to engage with equitable initiatives and adhere to policy expectations.

Tracking engagement

Organisations may consider establishing methods to track progress and regularly monitor employee conduct to ensure the effectiveness of these policies and accordingly recognise employee contributions. This can be done by tracking participation in training sessions, involvement in ERGs and gathering feedback from peers and supervisors on inclusivity efforts.

Accountability through consequences

The consequences of non-compliance should be structured to ensure fairness with proportional consequences for infractions. For instance, minor infractions might result in mandatory training programmes, while more severe violations could lead to suspension or termination of employment.

Uniting stakeholders for lasting impact

Stakeholder engagement is crucial to the success of creating effective policies. To ensure their effectiveness, organisations should involve diverse perspectives in the policy development process. Below is a diagram illustrating the various stakeholders who can play a role in achieving the neurodiversity goal (in the context of the example set out above).

Conclusion

By adopting a collaborative approach, organisations move beyond simply drafting a policy and ensure instead that their efforts translate into meaningful, lasting change that benefits both employees and the organisation as a whole. Investing in comprehensive and equitable policies could also lead to increased employee engagement, improved productivity and a stronger organisational reputation in today’s markets. The question is not just how to comply – but how to lead.