Sex Discrimination

Sex

Now that I have your attention…you find yourself curiously reading on and, for that, I thank you.

Did you know that Sex is one of many protected characteristics contained within the Equality Act 2010?

These characteristics are:

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion of belief, sex and sexual orientation.

Essentially this means that individuals who have these characteristics and feel discriminated against because of these characteristics may have rights and claims against not only their discriminators but even those who are responsible for those perpetrators e.g. an employer.

The topic of discrimination is expansive and each characteristic would merit an article in its own right. However, in this piece I want to touch on the characteristic of ‘sex’ and how this impacts the workplace.

Q. What is the definition of Sex? A. Don’t, worry, there is no punchline here!

Section 11 of the EqA 2010 states that, in relation to the protected characteristic of sex:

• A reference to a person who has a particular protected characteristic is a reference to a man or to a woman.
• A reference to persons who share a protected characteristic is a reference to persons of the same sex.

Sex discrimination can be broken down into various strands of discrimination:

• Direct Sex discrimination is where an employer discriminates directly by treating a job applicant or employee less favourably than others because of their sex. In effect, where A treats B less favourably than A would treat others.
• Indirect Sex discrimination is where an employer applies a provision, criterion or practice (PCP) that disadvantages job applicants or employees of one sex without objective justification.
• Harassment related to Sex is where a job applicant or an employee is treated less favourably because they reject or submit to harassment. This ties in with sexual harassment which is ‘unwanted conduct of a sexual nature’ e.g. a female employee being taunted about the length of her skirt or how she chooses to sit differently to the men in the office. This would most likely violate her dignity or create an intimidating, hostile, degrading, humiliation or offensive environment.
• Victimisation on the grounds of Sex is where a job applicant or employee who intends to or has complained about discrimination on the grounds of Sex is victimised because of that.

As an employer it is important you are aware of these characteristics and the impact they could have on you and your business if you are found vicariously liable. At Ware & Kay we can provide your staff with anti-discrimination training so that this fine line between ‘banter’ and discrimination is not blurred. The training can also help you as part of a statutory defence to show that you took all reasonable steps to prevent the perpetrator(s) committing the discriminatory acts alleged. 

If you need help with any of the issues raised in this article, please contact Kalpesh Nakeshree in the employment team on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email kalpesh.nakeshree@warekay.co.uk.