What is sex discrimination
Sex discrimination occurs when an individual is treated less favourably because of their sex. This can affect various aspects of employment, including hiring, promotion, job assignment, training opportunities and termination. Both men and women can be victims of sex discrimination, and it can occur directly or indirectly.
What are the types of sex discrimination
- Direct discrimination: This happens when someone is treated less favourably than another person because of their sex. For example, if a woman is not promoted solely because she is female, this constitutes direct sex discrimination.
- Indirect discrimination: Occurs when a policy, practice, or rule that applies to everyone disproportionately disadvantages people of a particular sex. For instance, a company requiring all employees to work full-time hours may disadvantage women, who are statistically more likely to have caregiving responsibilities.
- Harassment: Unwanted conduct related to an individual’s sex that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This includes sexual harassment.
- Victimisation: Treating someone unfavourably because they have made or supported a complaint about sex discrimination. For example, if an employee is demoted after reporting sex discrimination, this is victimisation.
What is sexual harassment?
Sexual harassment is a form of sex discrimination that includes any unwanted behaviour of a sexual nature. Examples include:
- Unwelcome sexual advances.
- Requests for sexual favours.
- Inappropriate comments or jokes.
- Physical behaviour such as touching or assault.
- Displaying sexually explicit materials.
Sexual harassment is unlawful, and employers have a duty to prevent and address it in the workplace.
What are some examples of sex discrimination in the workplace?
- A women with equal qualifications and experience is paid less than a male counterpart.
- A job advertisement specifies that it is looking for male applicants only.
- A female employee is passed over for a promotion because she might take maternity leave.
- Male employees receive more favourable job assignments than female employees.
How can employees address sex discrimination?
- Keep reports: Document any incidents of discrimination, including dates, times, and details of what happened, as well as any witnesses.
- Report the behaviour: Follow your company’s grievance procedure, which usually involves reporting the issue to your line manager or HR department.
- Seek advice: Get advice from trade unions, workplace representatives, or organisations like ACAS.
- Make a formal complaint: If the issue is not resolved informally, you can make a formal complaint through your employer’s grievance procedure.
- Take legal action: as a last resort, you can take your case to an employment tribunal. The tribunal can award compensation and make recommendations to prevent further discrimination.
What responsibilities do employers have to prevent sex discrimination?
- Implementing clear anti-discrimination and equal opportunities policies.
- Providing training on diversity, inclusion and discrimination for all employees.
- Establishing effective grievance procedures for reporting and addressing discrimination.
- Promoting a culture of respect and inclusion.
- Ensuring equal pay for equal work.
- Making reasonable adjustments to support employees with caregiving responsibilities.
Conclusion
Sex discrimination in the workplace is a serious issue that can affect anyone, regardless of gender. Understanding the protections under the Equality Act 2010 and knowing how to address discrimination can help create a more inclusive and fair work environment. Employers must take proactive steps to prevent discrimination and support employees who experience it, ensuring compliance with the land promoting a positive workplace culture.
To consult with an expert employment solicitor, call us at 01245 228141 or complete an enquiry form.
