KembaraXtra - Legal Terms - Sex Discrimination

Sex discrimination is discrimination because a person is male or female, prohibited principally by the Equality Act 2010. The Act protects both men and women against unlawful discrimination in employment, education, the provision of goods and services, housing, public functions, and other areas of public life.

The Act prohibits several forms of discrimination.

1. Direct Sex Discrimination

This occurs where a person is treated less favourably because of their sex.

Example:

• refusing to employ a woman solely because she is female;
• paying a man more than a woman doing comparable work because of sex.

2. Indirect Sex Discrimination

This arises where:

• an apparently neutral rule, policy, or practice;
• applies equally to everyone;
• but places one sex at a particular disadvantage; and
• cannot be objectively justified as a proportionate means of achieving a legitimate aim.

Example:

An employer requiring all employees to work full-time where that requirement disproportionately disadvantages women with childcare responsibilities.

3. Harassment and Sexual Harassment

The Equality Act prohibits:

• unwanted conduct related to sex; and
• unwanted conduct of a sexual nature,

where the conduct violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

4. Victimisation

It is unlawful to treat someone unfavourably because they have:

• complained about discrimination;
• brought proceedings;
• supported another person’s discrimination complaint; or
• done any protected act under the Equality Act.

The Act applies well beyond employment. It regulates educational institutions, public authorities, landlords, service providers, professional bodies, and many other organizations.

There are limited exceptions. Different treatment based on sex may be lawful where being male or female constitutes a genuine occupational requirement, provided the requirement is a proportionate means of achieving a legitimate aim. Examples include certain acting roles or personal care services where privacy considerations justify the distinction.

The Equality and Human Rights Commission (EHRC) oversees enforcement of the Equality Act, while employment-related claims are generally determined by Employment Tribunals.

Sex discrimination law seeks to promote substantive equality by prohibiting unjustified differential treatment based on sex while permitting narrowly defined exceptions where objectively justified.