EMPLOYMENT LAW - SEXUAL DISCRIMINATION
Employment Law Sexual Discrimination Questions
We list here the most commonly asked questions in relation to sexual discrimination. If you have any other questions please contact us using the information at the bottom of this page.
Who is protected under the Sex Discrimination Act 1975?
The Sex Discrimination Act protects both male and female employees from being discriminated against on the grounds of their sex. It is also unlawful to discriminate against someone on the grounds of being married.
What is Sex Discrimination?
There are two kinds of sex discrimination: direct and indirect.
Direct discrimination is where a person is treated less favourably than another on the grounds of his or her sex. In determining whether direct discrimination has occurred the following must be considered:
- was treatment less favourable than the treatment which was (or would be) accorded to a person of the opposite sex; and, if so was the treatment less favourable because of the gender of the person involved?
Indirect discrimination may occur even when a condition or requirement seems to affect men and women equally if in practice it disadvantages a far greater proportion of one sex than the other. However, such a condition will not be indirectly discriminatory unless all of the following are true:
- it is applied equally to both sexes;
- the proportion of one sex who can comply with it is considerably smaller than the proportion of the other sex who can comply;
- the individual suffers because he or she cannot comply;
- it cannot be shown to be an objectively justifiable condition or requirement by the employer.
The relevant circumstances of a woman or man complaining of discrimination must be the same as, or not significantly different from, those of the person whose treatment is being compared to his or her own.
It is also unlawful to treat someone less favourably than others because they have asserted their rights under Sex Discrimination Act or have assisted someone else to do so. Such discrimination is called 'victimisation'.
Are there any exceptions from the Act?
Yes. Where being a woman or man is a genuine occupational qualification for a job and in circumstances of positive action designed to ensure equality in the labour market
What is sexual harassment?
Sexual harassment is "unwanted" or uninvited sexual conduct, or other unwelcome conduct with sexual connotations. This harassment usually affects the dignity of either men or women at work including unwelcome physical, verbal or non-verbal conduct. It is also unlawful under the SDA and employers may also be liable for discriminatory acts carried out by employees.
When intended, sexual harassment may also be a criminal offence under the Criminal Justice and Public Order Act 1994. This can result in imprisonment, a heavy fine or both.
What are the time limits for bring a complaint under the Sex Discrimination Act 1975 before the employment tribunal?
Anyone who considers that they have been discriminated against can make a claim to an employment tribunal within three (3) months of the date of the act complained of.
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