Direct breastfeeding discrimination happens when a woman is treated less favourably because she is breastfeeding or needs to breastfeed over a period of time. Harassment This breaks down into three different types: Through the Acas Helpline you can get advice on specific problems, and explore alternatives to an employment tribunal claim, such as Mediation , where appropriate. In relation to employment, there are limited exemptions from the SDA for religious institutions in relation to employment, and voluntary bodies in relation to membership and services. In Nairn v The University Court of the University of St Andrews , Lord McLaren even proclaimed that it is "a principle of the unwritten constitutional law of this country that men only were entitled to take part in the election of representatives to Parliament.
For example, it would be direct sex discrimination if a company paid men more than women who are doing the same work. Indirect pregnancy discrimination occurs when there is a requirement or practice that is the same for everyone but has an unfair effect on pregnant women. If the condition or requirement is unreasonable, it could be unlawful discrimination. It was only the Reform Act that saw extension of the vote to every male householder. This can include excluding people of a particular sex from participating in certain competitive sports, acts done under statutory authority and reasonable differences in the provision of insurance and superannuation. In addition, the SDA makes sexual harassment against the law. According to case law and industrial law, a woman who returns to work after maternity leave has the right to return to the same job she had before going on leave, or to a comparable position if her original job has ceased to exist. The first changes came at municipal level, particular in the Birmingham Municipal Council from the s. In , the EU overhauled and introduced new Directives explicitly protecting people with a particular sexuality , religion , belief and age , as well as updating the protection against disability , race and gender discrimination. She claimed that she was discriminated against because of her pregnancy. However, in many cases, employers can also be held responsible — or vicariously liable — for acts of sexual harassment by their employees or agents. Direct marital or relationship status discrimination happens when a person is treated less favourably than a person with a different marital or relationship status would be treated in the same or similar circumstances. Sexual harassment can happen at work, at school or university and in the provision of goods and services. In some limited circumstances, indirect discrimination may be justified in law if it is necessary for the business to work. Breastfeeding discrimination The SDA makes it unlawful to discriminate against women who are breastfeeding, including those who need to express milk. Erin said she was over-scrutinized, excluded from group events and that her salary package was less than male employees in equivalent positions. It also covers recruitment processes carried out through recruitment, labour hire and employment agencies. For example, a company that offers only married employees working in remote locations allowances and leave to visit their families may be disadvantaging employees who are single or in de facto relationships. This includes caring for a spouse or de-facto partner, child, grandchild, brother, sister, parent, or grandparent. Find out more from Equality and diversity: Pregnancy discrimination complaint resolved by the Commission A woman found out she was pregnant and informed the recruitment agency and her future employer. Some types of sexual harassment may also be offences under criminal law. Protected characteristics video This video introduces and explains the nine protected characteristics. This means that it is against the law for a business to discriminate against a person by: Employees and potential employees Sex discrimination in employment occurs when someone is treated less favourably than a person of the opposite sex would be treated in the same or similar circumstances. It is also prohibited between employees and customers. Sex Discrimination Word The Sex Discrimination Act SDA makes it unlawful to discriminate against a person because of their sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, because they are pregnant or might become pregnant or because they are breastfeeding.
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