Sex Discrimination
Any kind of sex discrimination in the workplace is unpleasant and demotivating. It can make you dread going to work, and that’s not good for either you or your employer! So what can be done about it?
First things first…
Legislation prohibiting sex discrimination applies equally to both men and women, and is set out in the Equality Act 2010. Neither employees nor potential employees should suffer less favourable treatment because of their sex, and this is with respect to recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.
So, with that said, what does legislation cover?
Sex discrimination can take the following forms:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
Let’s have a look at each type in a little more detail.
Direct Sex Discrimination
Direct sex discrimination occurs when an employer, or individual, treats another individual less favourably because of their gender. It can cover any employment situation where men and women are treated differently, even though their gender does not affect their ability to do the job. So, for example, if an employer has a rule that it only employs men, even though being male makes no difference to whether someone can carry out a role or not, then women can possibly claim sex discrimination. A more specific example would be where a woman experiences less favourable treatment because she is breast feeding.
It’s important to note that a policy of positive discrimination towards a particular gender may also fall foul of legislation and could be considered direct discrimination too.
Indirect Sex Discrimination
Indirect sex discrimination occurs when a provision, criterion or practice (e.g. a rule or a procedure), when universally applied, puts one sex at an unfair disadvantage. For example, if an employer has a rule that they only employ individuals over 6ft tall (even though a person’s height does not affect their ability to do the job), then, because there are less women who are over 6ft, women are at a disadvantage. So this would be indirect sex discrimination.
Be aware, though, that an employer may be able to justify an act of indirect sex discrimination if it can show that the rule is a proportionate means of achieving a legitimate aim.
Harassment
Harassment can occur when one individual’s conduct has the purpose or effect of either violating another individual’s dignity, and/or creates an intimidating, hostile, degrading, humiliating or offensive environment. It can include both harassment of a sexual nature, as well as less favourable treatment of an individual as a result of rejecting sexual advances.
An example of sexual harassment in the work place would be where a male manager makes sexual advances to a female colleague, and when she rejects his advances he then denies her training but not her colleagues.
Victimisation
Victimisation, with respect to sex discrimination, occurs when an individual is treated less favourably as a result of their making a complaint (or intending to make a complaint) about sex discrimination or harassment. It can also occur when an individual is treated less favourably as a result of their giving evidence or information in relation to someone else’s sex discrimination claim. So, for example, if you are denied promotion or training as a result of your involvement in a sex discrimination complaint, then this may be considered victimisation too.
What should I do now?
If you think you have been the victim of sex discrimination at work, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 0800 304 7254.
