How are employees protected from sex discrimination?
The Equality Act 2010 protects employees from direct discrimination because of their sex. The definition of direct discrimination extends to less favourable treatment because of a person’s perceived sex (even if the perception is wrong) or because of their association with someone who is (or is perceived to be) of a particular sex. Employees are also protected from unjustified indirect sex discrimination; sex-related harassment; harassment of a sexual nature; less favourable treatment based on a person's rejection of, or submission to, sex-related harassment or harassment of a sexual nature; harassment by third parties (in certain circumstances) and victimisation.
In most cases, pregnancy and maternity discrimination will fall under the pregnancy and maternity provisions of the Act, but in certain circumstances (for example, harassment or indirect discrimination related to pregnancy and maternity) the sex discrimination provisions may apply. Although sex discrimination in relation to pay and other contractual benefits falls under the equality of terms provisions of the Act, the sex discrimination provisions can be used in cases of direct pay discrimination where there is no comparator.
Does the Equality Act 2010 outlaw associative discrimination?
When is an employer liable for sex discrimination?
Can an employer defend a direct sex discrimination claim on the basis that any discrimination was unintentional?
Does direct sex discrimination apply in cases of women only?
How does a court interpret an act of indirect sex discrimination?
Can an employer dismiss an employee on maternity leave who wants to return to work on a part-time basis?
Where an employee who is about to go on maternity leave requests that she return on reduced hours, is the employer under any obligation to consider her request at that point?
When can a complaint of victimisation be brought?
Are there any circumstances in which an employer can insist on recruiting either a man or a woman?
Are pregnancy and maternity rights covered by the Equality Act 2010?
Is harassment in relation to sex expressly prohibited under the Equality Act 2010?
What is the difference between sex-based harassment and sexual harassment?
Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?
If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010?
In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination?
In specifying the requirements for a job, what steps can an employer take to ensure that it is not liable to claims of indirect discrimination?
Is it lawful for an employer to indicate that a vacancy is aimed at women if the job is advertised in a women's magazine?
What "positive action" is permitted under discrimination legislation?
Is an employer acting unlawfully if it tells a third party such as an employment agency that it would prefer to appoint a man for the job?
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