New from IDS Employment Law Brief

Sex Discrimination Handbook

Contents

1. Law in context

• The scope of sex discrimination
• Legislative history
• Sex Discrimination Act 1975
• Codes of Practice
• Law reform
• European law
• EC sex equality measures
• Human rights
• Sex discrimination and unfair dismissal

2. Direct sex discrimination

• What is direct discrimination?
• ‘Less favourable treatment’
• ‘On the ground of her sex’
• Non-discriminatory intention or motive

3. Indirect sex discrimination

• Definition of indirect discrimination
• Applying a provision, criterion or practice
• Disparate impact
• Disadvantage
• Justification

4. Other forms of discrimination under the SDA

• Discrimination on ground of gender reassignment
• Discrimination against married persons and civil partners
• Discrimination on grounds of pregnancy or maternity leave

5. Harassment

• Unlawful conduct
• Sex-based harassment
• Sexual harassment
• Rejection of, or submission to, unwanted conduct
• Less favourable treatment
• Gender reassignment

6. Victimisation

• Scope of provisions
• The relevant circumstances
• Less favourable treatment
• Reason for less favourable treatment
• Proving victimisation

7. Proving discrimination

• Burden of proof
• Evidence
• Questionnaires

8. Liability for discrimination

• Who is protected?
• Who is liable?
• Secondary liability
• Instructions and inducements to discriminate
• Discriminatory practices
• Gender equality duty

9. Discrimination in recruitment

• Advertisements
• ‘Arrangements’ for offering employment
• Terms on which employment is offered
• Refusing or deliberately omitting to offer employment

10. Discrimination in employment

• Advertisements
• ‘Arrangements’ for offering employment
• Terms on which employment is offered
• Refusing or deliberately omitting to offer employment

11. Post-employment discrimination

12. Discrimination by other bodies

• Partnerships
• Trade unions; professional, trade and employers’ associations
• Qualifying bodies
• Vocational training
• Employment agencies
• Government training initiatives

13. General exceptions

• Overseas employees
• Special cases
• Genuine occupational qualifications
• Election candidates
• Charities
• Sports
• Insurance
• Communal accommodation
• Positive discrimination
• Access to benefits
• Statutory authority
• National security

14. Enforcing individual rights

• Jurisdiction of tribunals
• Settlements
• Legal advice and financial assistance
• Statutory dispute resolution procedures
• Time limits
• Proving discrimination
• Restricted reporting orders
• Remedies
• Costs
• Judicial review

15. Compensation

• General principles of assessment
• Awards against individuals
• Financial loss
• Injury to feelings
• Aggravated damages
• Personal injury
• Exemplary damages
• Interest on awards

16. Equality and Human Rights Commission

• The Commission’s powers
• Codes of Practice
• Assistance to individual complainants
• Enforcement
• Formal investigations
• Non-discrimination notices
• Injunctions and persistent discrimination
• Discriminatory advertisements; instructions and pressure to discriminate
• Judicial review