Gender-based criteria are directly discriminatory
This report relates to 1 case(s)
James v Eastleigh Borough Council  IRLR 288 HL (1 other report)
In James v Eastleigh Borough Council (14 June 1990) EOR33B, the House of Lords holds that the test for determination whether there has been direct discrimination is "would the complainant have received the same treatment from the defendant but for his or her sex?". It is not necessary for complainants to prove in addition that the subjective reason they were treated less favourably was because of their gender.