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Sex Discrimination Claims

Sex discrimination is treating an individual unfavourably because of his or her gender, particularly an applicant or employee in a job situation.

No- Win, No-Fee Sex Discrimination Lawyers, UK

UK Employment law protects individuals from being discriminated against on the basis of their gender. Sex discrimination can also include treating a person less favourably because of his or her association with a group or organisation or group that is generally associated with people of a specific gender.

Sex Discrimination: What is it?

Unfair treatment against a person because the individual is transgender is also considered discrimination and is a violation of Title VII; this is also known as ‘Gender Identity Discrimination’.  Additionally, gays, lesbians and bisexuals may bring sex discrimination claims.  These may include claims of sexual harassment or other types of sex discrimination, such as when an employer takes antagonistic action against an employee who does not conform to gender stereotypes.

Sex Discrimination:  Your Rights At Work

Men and women, including transgendered people, have the right not to be discriminated against at work because of their sexual orientation. The following section provides information about this right from the worker’s point of view.

What Is Sex Discrimination At Work?

The law identifies four forms of discrimination:

  • Direct Discrimination
  • Indirect Discrimination
  • Harassment
  • Victimisation

Direct Sex Discrimination

Direct Sex Discrimination is unequal treatment of a female employee than a male employee (or vice versa) based purely on their gender.

Example:
An employer transfers a woman from her post against her will because she is having a relationship with a colleague. If the employer does not transfer men for the same reason, this transfer may be considered Direct Sex Discrimination.

Example:
A hospital requires that a male nurse is chaperoned while seeing patients when the same is not required of a female nurse. This requirement may be considered Direct Sex Discrimination.

Indirect Discrimination

Indirect Sex Discrimination happens when an employer applies a policy or practice equally to both men and women that puts one sex at an unfair disadvantage.

Example:
An employer specifies that applicants for a job need to be 6 feet tall or taller, even though it has no effect on the person’s ability to do the job. This is indirect discrimination against women, since it would be harder for them to fulfill this criterion.

Harassment

It is illegal to harass an individual based on the person's sex or gender preference. Sex harassment includes: requests of a sexual nature, unwelcome sexual advances, or any verbal or physical harassment of a sexual nature. Harassment isn’t always of a sexual nature; it can include offensive remarks about an individual's gender.

Harassment is illegal when the behaviour is done with the purpose of, or has the effect of, violating the person’s dignity, or it creates an intimidating, humiliating, degrading, hostile, or offensive environment for her or him or when it results in an adverse employment decision such as the victim being fired or demoted.

Harassment is considered a form of Direct Discrimination

Example:
'I am a female apprentice electrician and all my co-workers are men. I feel like even though my work is of a high standard, my boss continuously criticises me and shouts at me whereas he does not bully the men in this way. A male apprentice has just started at work and is receiving much more one-on-one training and assistance even though I asked for the same training which I need in order to complete my apprenticeship. My boss called me a 'stupid little girl' and said that if I couldn't do the job properly I should leave. Male co-workers play tricks on me like putting my tools on a high shelf knowing I can't reach them. They don’t do that to each another.
I am now keeping a diary to record all these incidents so that I can make a complaint.'

In the above example, the employee’s written diary could provide important evidence of a pattern of unlawful conduct. This kind of evidence may show that she has suffered direct sex discrimination; being denied necessary training as well as being criticised when male co-workers are not. She could also show that she is being harassed on the grounds of her gender if she could show that the treatment created a humiliating and degrading work environment for her.

Victimisation

Victimisation occurs when you are treated less favourably than others because you make a complaint of discrimination or if you support someone who is making a discrimination claim. If you are denied promotion or training or are moved away from your usual workplace because of your involvement in a complaint of sex discrimination, this can be considered victimisation.

Claims of victimisation can also be taken to an employment tribunal. There should be definitive evidence that the victimisation is because of allegations regarding discrimination that either you have made, or due to your supporting another person’s complaint.

Sex Discrimination Solicitors for Hertfordshire, London & Beyond

If you have been the victim of Sex Discrimination, we can help. Call now on 02082077358 or fill out our enquiry form and we will get back to you as soon as possible.

Lloyd Donnelly Solicitors

Experts in pregnancy rights and discrimination claims

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