What is sex discrimination?
SEX DISCRIMINATION – THE LAW The Sex Discrimination Acts (SDA) 1975 and 1986 apply to both women and men. They define two kinds of discrimination direct discrimination and indirect discrimination. Sexual harassment and discrimination against pregnant workers can also be sex discrimination. Victimisation for taking action against sex discrimination at work is also unlawful. For instance, if you allege that discrimination has taken place, or give evidence to an Employment Tribunal, you are protected under the SDA. Your employer has a responsibility to ensure as far as possible that you are not discriminated against in the course of your employment. PERS produces a leaflet which gives more information about sex discrimination. Click on the publications link to view a copy.
There are two types of discrimination. Direct Discrimination occurs where a woman or man is treated less favourably than a person from the opposite sex, in comparable circumstances is, or would be, because of her/his sex. Types of direct sex discrimination include sexual harassment and treating a woman adversely because she is pregnant. Indirect Sex Discrimination occurs where a condition or practice is applied to both sexes but it adversely affects a considerable larger proportion of one sex than the other, and it is not justifiable, irrespective of sex, to apply that condition or practice.
Sex or gender discrimination occurs when an employee has been treated unfairly, harmed, harassed, or subjected to a hostile work environment because of his or her gender. Sex discrimination cases can involve an employer’s paying female and male employees different wages for the same work, the failure to promote people to management positions because of their gender, or subjecting workers – usually women – to a “hostile work environment,” in which they are treated differently by management and co-workers because of their gender.
Sexual discrimination is any adverse job action taken solely because of an employee’s or job applicant’s gender. There are two distinct types of sexual discrimination, disparate treatment and sexual harassment. Disparate treatment occurs when a person is treated differently than a person of the other gender in matters of hiring, firing, pay, promotions, work assignments or any other tangible work conditions. So, it would be illegal, for example, to pay women less for the same job that men get paid more for, or refusing to let women work the night shift where the pay is more. Sexual harassment, which is prohibited under both federal and state law, may take one of two forms: “quid pro quo” harassment or “hostile environment” harassment. Harassment cases are evaluated very differently depending on which type of harassment claim is alleged. “Quid pro quo” harassment involves demands for sexual favors as the price for favorable employment decisions. The demand must be by a person who has th
