Sex Discrimination Act 1975

The Act applies equally to men and women and protects;

• Against discrimination on the grounds of gender; protects transgender (only in employment) and married persons against discrimination
• In employment and vocational training
• Against direct and indirect sex discrimination, and victimisation
• Applies regardless of length of service

(See ‘Recognising Discrimination’ for a definition of the main types of discrimination.)

Sexual Harassment
(This is similar in definition to harassment but also includes;)
A person subjects a woman to sexual harassment if -

He engages in a form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of
• Violating her dignity or,
• Of creating an intimidating, hostile, degrading, humiliating, or offensive environment for her.

The SDA also makes provision for;

• Less favourable treatment on the grounds of rejection of, or submission to, harassment/sexual harassment.
• A person subjects a woman to harassment if on the grounds of her rejection of, or submission to, unwanted harassment or sexual harassment he treats her less favourably then he would treat her had she not rejected, or submitted to, the conduct.

This definition also applies to the harassment of men, and contains provisions prohibiting harassment on the ground that someone intends to, or is undergoing, or has undergone gender reassignment.

Exemptions to the SDA:
There are four basic circumstances when the Act does not provide protection against discrimination:

• the genuine occupational qualification (GOQ)
• positive action
• employment for the purposes of religion
• national security

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In the pipeline:
Employed fathers will have a new right to up to 26 weeks Additional Paternity Leave some of which could be paid, if the mother returns to work. This will be introduced alongside the extension of maternity pay to 12 months, before the end of the current Parliament.

The Work and Families Act will also;
• Introduce measures to help employers manage the administration of leave and pay and plan ahead with greater certainty from April 2007
• Help employers and employees benefit from improved communication during maternity leave.

Public Duties:
The Gender Equality Duty came into force in April 2007 and places a duty on named public bodies to produce a Gender Equality Scheme. Stronger requirements will be in place in Wales from 2008. See the section on ‘Public Duties’ for more information.

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