Updating author: Tina McKevitt

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Who is protected?
Who is liable?
Discrimination after the working relationship has come to an end
Unlawful discrimination
Direct discrimination
Indirect discrimination
Victimisation
Dress and appearance requirements
Genuine occupational qualifications
Pregnancy and maternity
Gender reassignment
Sexual harassment
Protection from Harassment Act 1997
Public authorities

Summary

6.529

• The Sex Discrimination Act 1975 mostly protects employees, but the definition of employee is wider than that contained in other employment legislation. (See 6.531 Who is protected?)
• The employer's liability is not just limited to its own actions. It will be liable for discrimination carried out by its employees in the course of employment. (See 6.532 Who is liable?)
• Direct discrimination is where a woman is treated less favourably than a man on the grounds of her sex or vice versa, or where a married person or a civil partner is treated less favourably than someone who is not married or a civil partner on grounds of that status. (See 6.535 Direct discrimination)
• Indirect discrimination is where a provision, criterion or practice is applied equally to men and women but the effect of the application puts women at a particular disadvantage when compared to men. (See 6.536 Indirect discrimination)
• Harassment is where there is unwanted conduct related to the claimant's sex or the sex of another person, or unwanted conduct of a sexual nature, which has the purpose or effect of violating the recipient's dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for her. (See 6.542 Sexual harassment)
• Pregnancy or maternity leave discrimination is where a woman is treated less favourably on the ground of her pregnancy or because she is taking maternity leave. (See 6.540 Pregnancy and maternity)
• Discrimination may occur when the employer treats unfavourably a person who has alleged discrimination, or threatened to bring, brought or been involved in the bringing of proceedings under the Sex Discrimination Act 1975. (See 6.537 Victimisation)
• Discrimination or harassment on the grounds that a person is intending to undergo, is undergoing or has undergone gender reassignment is unlawful. (See 6.541 Gender reassignment)

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Future developments

6.530 Equality Bill: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination.