SEX DISCRIMINATION ACT (SDA) 1975<br />Prepared for Mr. Greg, Lecturer, Cavendish College.<br />PRESENTED BY:<br /> SHAILA<br /> ASHRAFUL<br />BILAL<br /> (PGDS April 2010 intake)<br />
SDA 1975 (Cont’d)<br /><ul><li>Sex Discrimination Act 1975: The act came into force in 12th November 1975. TheAct makes it unlawful to treat a woman or a man less favourably in employment, training and related matters, education and the provision of goods, facilities and services on the grounds of their gender or marriage.
In1976 The Equal Opportunities Commission established to oversee the Sex Discrimination Act1976 and Equal Pay Acts 1970.</li></li></ul><li>Sex Discrimination act 1975<br /><ul><li>What Is Discrimination: </li></ul> When a person is treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified.<br /><ul><li>Direct Discrimination : Where an employer treats a woman less favourably on grounds of sex than he would treat a man S.1(1)(a).
Indirect Discrimination: The Sex Discrimination Act 1975 holds that a person indirectly discriminates against a woman if he applies to her a requirement or condition which he applies or would apply to a man. </li></li></ul><li>SEX DISCRIMINATION 1975 (cont’d)<br />Scope extended to :<br /><ul><li>Victimisation: It is unlawful to discriminate against a person by victimising that person for either bringing or contemplating a claim under the Sex Discrimination Act or under the Equal Pay Act or for helping someone else to bring a claim.
Harassment: Employer’s unwanted conduct on the grounds of a recipient's sex or unwanted conduct of a sexual nature.
Pregnancy related discrimination: It is also unlawful for any employer to treat an individual less favourably on grounds relating to pregnancy.
Marital Discrimination: Discriminate either directly or indirectly, against married persons of either sex on the grounds of their marital status.</li></li></ul><li>SEX DISCRIMINATION 1975 (cont’d)<br />Applications:<br /><ul><li>Apply to all employer.
Impose gender equality duty on ‘Public Authorities’.</li></li></ul><li>Sex Discrimination Act 1975<br /><ul><li>Who can Bring a Claim: Woman and man of any age can bring a claim related to sex discrimination.
Who is liable for discrimination: Employer, but may be another employee.
Exemption:• The genuine occupational qualification (GOQ)</li></ul> • Positive action • Employment for the purposes of religion.<br /><ul><li> Time limit for claim: No time limit for bring a claim but the time limit for proceedings is 3 months for the claims arise after 6 April 2009.
What to prove: (a) that they have suffered less favourable treatment; and (b) that the less favourable treatment has taken place on the grounds of sex.</li></li></ul><li>Sex Discrimination Act 1975<br /><ul><li>Level of prove: Proving sex discrimination is not straightforward. A woman complaining of discrimination has to prove, on the balance of probabilities.
Can employees serve a Questionnaire: Employees are allowed to serve a Questionnaire on their employer.
What remedies are available:</li></ul> (a) Declaration (b) Compensation (c) Recommendations <br /><ul><li>Recent case: Lynford v Sussex Police, been awarded £275,000 damages and also received £300,000 in compensation.</li></li></ul><li>OTHER RELATED LAWS <br /><ul><li>There are a number of Acts of British Parliament dealing with sex discrimination .
Sex Discrimination (Gender Reassignment) Regulation 1999
Employment Equality (Sexual Orientation Regulations 2003</li></li></ul><li> REALTED International LAWS and Treaties<br /><ul><li>Treaty of Rome (1957): Article 119 of the Treaty provides that men and women should receive equal pay for equal work.