What is sex discrimination?
The law protects employees from sex discrimination, which is unfair treatment on account of someone being a male or a female. Please note that this section pertains to both men and women; if you believe you are experiencing discrimination in the workplace on account of being transexual, see the section on gender reassignment discrimination. Similarly, if you believe you are facing discrimination at work because you are pregnant or have recently given birth, please head over to the section on pregnancy and maternity discrimination. Neither does this section deal with sexual orientation, which is a separate protected characteristic and is explored elsewhere in this section.
What sex discrimination may look like
According to the Equality Act, sex discrimination can occur in four general ways:
- Direct Discrimination
- Indirect Discrimination
- Harassment
- Victimization
These are equally serious manifestations of sex discrimination, but it helps to understand each one when making a complaint to your employer or bringing a case in court.
Direct Discrimination
Direct sex discrimination occurs when an employee is treated less favourably on account of their sex, the sex of someone they are associated with how their sex is perceived. Common examples of direct sex discrimination include a decision not to employ or to dismiss someone, offer poorer terms and conditions of employment, or deny contractual benefits because of sex.
Indirect Discrimination
Indirect sex discrimination occurs when the otherwise equal application of a policy, criteria, provision or practice disadvantages one sex versus another. Here, you must show that the policy leading to unfair treatment represents a disproportionate and unnecessary way of your employer achieving an intended outcome. As such, before making a complaint, you should consider whether the policy resulting in less favourable treatment is inherently necessary and proportionate in your employment.
Harassment
The law defines harassment as “unwanted conduct” which, in this case, must be related to race. For an act to qualify as harassment, it must also have the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. For sex discrimination, harassment typically falls under one of three activities.
These are:
- Unwanted conduct related to your sex – conduct that infringes upon your dignity, such as bullying, nicknames, inappropriate questions and exclusion;
- Sexual harassment – this can take multiple forms, such as written or verbal communication of a sexual nature, the display of pornographic materials, unwanted physical contact and outright sexual assault; or
- Less favourable treatment because you rejected a sexual advance
Notably, you can also raise a complaint where you witness harassment and it has a negative impact on you or your working environment.
Victimization
Victimization is when an employee is singled out for cruel and/or unjust treatment because they:
- Made an allegation of discrimination;
- Supported a complaint of discrimination;
- Gave evidence relating to a complaint of discrimination;
- Raised a concern over equality or discrimination; and/or
- Did anything else for the Equality Act, including bringing an employment tribunal claim.
Notably, victimization can impact people who stood up for their colleagues and who suffered a detriment as a result, such as being labelled a troublemaker, being left out, or being denied training or promotion. As long as you bring an allegation for victimization in good faith, you will not face any negative consequences if your evidence turns out to be inaccurate or incomplete.
Common areas where sex discrimination occurs:
- Recruitment
- pay and terms and conditions of employment (protected under the Equal Pay Act 1970)
- promotion opportunities
- training opportunities
- when an employee is dismissed
- selection for redundancy
What to do if you believe you are being discriminated against due to your Sex
You should be conscious of the strict time constraints: discrimination claims must be brought to an Employment Tribunal within three months of the alleged discriminatory act. Ideally, you should try to resolve the issue informally by talking to your manager. If a formal internal complaint fails to resolve the matter. If an informal approach fails you should raise a formal complaint with your employer’s HR department, here we would politely suggest our involvement to check over the employers comply with their own and legal employment law. Employers tend to be significantly more responsive when we intervene on your behalf.
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