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Sex discrimination
The Sex Discrimination Act 1975 makes it unlawful to discriminate against women or men, of any age, on the grounds of their sex. It is therefore discrimination to treat a woman (or man) in any way less favourably than a man (or woman) on the ground of their gender. This constitutes direct discrimination.
It is also discrimination for a person to apply to a woman (or man) a requirement or condition of employment which is such that considerably fewer women (or men) can comply with it. It must be shown that there is no justification for the requirement or condition and it must be to a woman's (or man's) detriment because she or he cannot comply with it. This amounts to indirect discrimination.
Race discrimination
Under the Race Relations Act 1976, applicants for employment must not be discriminated against on the basis of their race:
* In the arrangements for determining who should be offered employment, which can include advertisements, selection criteria, short listing and interviews;
* On the terms on which employment is offered; and
* By refusing or deliberately omitting to offer employment.
Employees are protected under the Act against:
· Discrimination in access to or opportunities for promotion, transfer or training or any other benefits, facilities or services;
· Dismissal.
· Being subjected to any other detriment on racially discriminatory grounds including harassment and discrimination on the ground of appearance.
The Act applies only to employment at an establishment in the UK. It does not apply to employment for the purposes of a private household unless the discrimination is victimization. The protection given to employees does not apply to benefits, facilities or services provided to the public or a section of the public, unless there is a material difference in the provision to the public and to employees, or the provision is regulated by the employee's contract of employment; or the provision relates to training. Exceptions include genuine occupational qualification (as defined in the Act), training in skills for use outside Great Britain and seamen recruited abroad. Other exceptions include training and encouragement, sports and competitions, statutory authority and national security.
There are three remedies available to an individual who establishes that he has been the subject of racial discrimination.
· An order declaring the rights of the Complainant and the Respondent in relation to the act of discrimination of which the complaint relates;
· An award of compensation equivalent to the damages that would have been awarded in tort or in reparation for breach of statutory duty, which may include sums for injury to feelings, aggravated damages and interest.
· A recommendation that the respondent should take within a specified period action that the Tribunal considers practicable for the purpose of removing or reducing the adverse effect on the complainant of the act of discrimination.
Disability discrimination.
Under the Disability Discrimination Act 1995 (section. 4) it is unlawful to discriminate against a person who is disabled.
The definition of disability in the legislation focuses on the ability of individuals to perform certain physical and mental functions because of their impairments.
The Act prohibits discrimination in recruitment and during the employment relationship. An employer may be required to make reasonable adjustments to the nature of the work and the working environment to accommodate an employee with a disability.
Unlike the position with race and sex discrimination, the Act permits justifiable adverse treatment of a person with a disability.
Certain occupations and employers are excluded from the ambit of the legislation.
A person who complains of discrimination on the grounds of disability in employment can bring the matter before an employment tribunal.
An employer discriminates when a person with a disability receives less favourable treatment:
* in recruitment; or
* in employment; and
* which cannot be justified.
