To access links to the full details on all the Acts, see the 'more information' section on our gender web page.
Summary
The Sexual Discrimination Act (SDA), stemming from the Equal Treatment Directive (76/207/EC), requires equality between men and women in terms of access to employment, vocational training, promotion and other terms and conditions of work. There is no qualifying period for employees and protection under the SDA begins from the first day of employment.
The Act makes unlawful:
- discrimination on the grounds of sex in employment, education, advertising or when providing housing, goods, services or facilities
- discrimination because someone is married
- sexual harassment or victimisation.
Discrimination on grounds of sex in recruitment, promotion or training is not unlawful if there is a genuine occupational requirement (GOR) for the job or some of the duties of the job.
What employers must do
Employers should ensure that their policies, procedures and practices are gender equality impact assessed and free from discrimination on grounds of gender. Further information and guidance on carrying out equality impact assessments can be found on our web pages.
Confusion is common over whether the SDA outlaws discrimination on the grounds of transgender/gender re-assignment, or sexuality.
As a result of clarifying legislation - The Sex Discrimination (Gender Reassignment) Regulations 1999 - it is illegal under the SDA to discriminate against someone who ‘intends to undergo, is undergoing or has undergone gender reassignment’.
The SDA does not cover sexuality. However, discrimination in employment on the grounds of sexuality is illegal under the Employment Equality (Sexual Orientation) Regulations 2003.