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Sex Discrimination and Employment

11th May 2011
By redundancylaw in Business Law
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Whether an employee or prospective employee as a job applicant is claiming sex discrimination on grounds based on their sex like male or female or if they are claiming sex discrimination on the grounds of their sexual orientation or if they have had a gender reassignment there are various laws that have been undated and changed along with carious European Union laws throughout the EU.

The Sex Discrimination Act of 1975 only addressed a person sex being female or male. Sex discrimination against homosexuals became a law in 1999 then The Employment Equality (Sexual Orientation) Regulations 2003 addressed transsexuals. Then as of October 2010 the Equality Act of 2010 began a new set of rules for discrimination including discrimination for reason of sex. So basically all forms of sex gender however it was achieved and also the sexual inclination of partners is addressed by the laws of Britain and no longer can these persons be discriminated against in employment actions.

If a person is dismissed due to one of the reasons based on sex they can file a claim with one of the Employment Tribunals. This form of discrimination on the job can take place in many forms. It may be in the recruitment or actual job selection area. This would be if a woman is not hired and they have the exact same qualifications as a male. It can take place in the job training area where one person holding the same job get additional training and the other person does not. It may be that hours are assigned differently or one person has more or better benefits such as parking rights or use of a company car. It may be pay discrimination due to the fact one person is gay and the other is a straight male. Of course redundancy and dismissal may come into play along with sexual discrimination. In this case all the females are declared redundant and the males continue to hold jobs.

When someone is trying to get compensation for sexual harassment or discrimination it can fall into different categories. There is direct discrimination which of course reflects directly on the person who is claiming discrimination such as sexual abuse on the job. There is indirect discrimination which is where people indirectly discriminate perhaps by placing requirements for actions that one type of sex may not be able to meet the requirements then this is indirectly discrimination against that group who canít meet those standards. There is associated discrimination which is discrimination against a person or group because they associate with a transsexual or homosexual. There is perceptive discrimination where a person is refused an employment interview because of their name which is perceived to be a female name. And of course there is victimization where you are discriminated against because you filed a complaint that you were being sexually discriminated against.

All of these types of discrimination take actual proof to bring a valid claim to an Employment Tribunal which must be specific enough to warrant follow up.

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