Gender and Sexual Discrimination

Sexual Discrimination Act

The Sexual Discrimination Act (1975) defines 2 types of sex discrimination: Direct and Indirect.

• Direct Sex discrimination applies where a person is treated less favourably on the grounds of their gender, for example, passing a woman over for promotion because she is going on maternity leave.
• Indirect Sex discrimination consists of treatment which may, on the face of it appear to be equal but which in fact comprises some unnecessary requirements which women are less able to comply with. The Act stipulates under Section Six that creation of intolerable working conditions for a woman which may be "subjecting her to debasement" is unlawful.

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Gender Equality Duty

The Equality Act 2006 also introduces the new gender equality duty which requires the public sector to promote gender equality. All public authorities as employers and service providers are required to have due regard to:the need to eliminate unlawful discrimination and harassment: and to promote equality of opportunity between men and women.

Under the specific duties there will be three key duties, which will have a focus on outcomes and actions:

• Publish a gender equality scheme and reviewing on a three year cycle. This forms part of the Council's Equalities Scheme which includes all 6 Equality strands
• Publish an equal pay policy.
• Conduct gender impact assessment.

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