|
Equality and Human Rights Commission
Sex Discrimination Legislation
|
 |
||||||||
|
|
|
|||||||
 |
|||||||||
| ||||
Home | Legislation | Archive |
||||
Sex Discrimination Legislation Archive |
||||
Government Response to the Equal Opportunities Commission's investigation into discrimination against new and expectant mothers in the workplace This is the Government's reaction to the issues that were raised in the EOC's report into pregnancy discrimination and expectant mothers in the workplace. Download the Government Response Advancing equality for men and women : government’s proposals for a gender duty
The Government is seeking views on its proposals to ensure that the public sector can better meet the needs of men and women.
On 4 October, it launched a consultation document on its proposals to introduce a public sector duty to promote gender equality – commonly referred to as the ‘gender duty’. These proposals will require public authorities to eliminate discrimination and promote equality of opportunity between men and women. The detailed proposals, drawn up in consultation with government departments, wider public sector and external stakeholders, centre around 3 main components obliging public authorities to:
To access the PDF version of the consultation document, please click here. For an Easy Read PDF version please click here.
Please email any comments to cehr@dti.gsi.gov.uk or write to the Gender Duty Team, Women and Equality Unit, 3rd Floor 1 Victoria Street, London SW1H 0ET by Thursday 20 January 2006 at the latest.
The Employment Equality (Sex Discrimination) Regulations 2005
The Employment Equality (Sex Discrimination) Regulations 2005 came into force on 1 October 2005. The regulations can be viewed on the Office of Public Sector Information website. Please click here for a direct link to the regulations (SI 2005/2467):
Implementing the Amended Equal Treatment Directive — 2002/73/EC
Explanation of changes to sex discrimination legislation in October 2005
Please click here to view the explanation of changes made to sex discrimination legislation in October 2005 to implement the amended Equal Treatment Directive. We have made some amendments to the sections on harassment/sexual harassment and discrimination on the grounds of pregnancy and maternity leave with a view to illustrating more clearly how the regulations work in practice. Factsheets here provide the updated guide to the harassment/sexual harassment and pregnancy and maternity leave provisions in the Sex Discrimination Act 1975.
Bullying and harassment guidance also reflects the provisions in the Sex Discrimination Act. To view this guidance, please click here for guidance for employees and here for guidance for managers and employers.
Acas have also updated their bullying and harassment guidance to reflect the changes to the harassment and sexual harassment provisions in the Sex Discrimination Act. To view this guidance, please click here.
Equality and Diversity: Updating the Sex Discrimination Act
The Women and Equality Unit consulted earlier this year on draft regulations to implement the amended Equal Treatment Directive (2002/73/EC). The consultation closed on 31 May 2005. Please click here to view the Government Response.
We want to thank everyone who commented on our proposals. Consultation responses (except for those for which confidentiality was requested) are available on request. Please e-mail Elizabeth.Solowo-Coker@dti.gsi.gov.uk for this.
Download the Government response to the consultation (PDF) Download the consultation paper (PDF) Download the consultation paper in Welsh (PDF) Download the consultation paper (MS Word) Download the consultation paper in Welsh (MS Word) Download Final Regulatory Impact Assessment (PDF) Download Final Regulatory Impact Assessment (MS Word) Download Executive Summary (PDF)
More on the amended Equal Treatment Directive (ETAD)
The 1976 Equal Treatment Directive (76/207) established the EC principle of equal treatment for men and women with regard to access to employment, vocational training, promotion and working conditions. This Directive has now been amended by Directive 2002/73 which incorporates ECJ case law and strengthens the principle of equal treatment and its practical implementation.
The ETAD was published on 5 October 2002 and gave Member States the deadline of 5 October 2005 for implementation.
In October 2002, the Government consultation (Equality and Diversity: The way ahead) on draft regulations implementing the Article 13 Race and Employment Directives also sought views on the principles of some of the specific provisions of the amended Equal Treatment Directive. In that consultation, we made it known that when implementing these three Directives, we proposed to take the same approach to the main concepts wherever possible. Our stated aim was to work towards coherent discrimination legislation that will make rights and obligations easier for individuals and employers to understand.
Recast Directive
The EU Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (re-cast version) was adopted by the Commission in July 2006.
The objective is to simplify, modernize and improve the Community law in relation to gender equality by putting relevant Directives into a single text.
The text combines seven Directives about equal treatment of men and women. They cover:
For more information on EU initiatives click here.
Fact sheet: Sex discrimination legislation in Britain
This fact sheet gives an overview of the two main pieces of legislation in Great Britain which cover discrimination on the grounds of Sex: the discrimination Act 1975 (SDA) and the Equal pay Act 1970 (EPA).
Gender Reassignment - A Guide for Employers
This is a practical guide to help employers understand how the relevant law applies, and how to deal with issues which may arise, when a job applicant or member of staff is a transsexual person.
The guide has a particular focus on the Sex Discrimination Act 1975 (SDA) protection for job applicants and employees who intend to undergo, are undergoing or have undergone gender reassignment. Since 1999 it has been unlawful under the SDA for employers to discriminate against people on these grounds. As a result of the Gender Recognition Act 2004 (GRA) transgendered people have new legal rights and the new guide expands and updates existing guidance to take account of these.
Click here to view the PDF version of the Guide. Click here to view the Word version of the Guide.
On 4 January 2005, the Gender Recognition Panel (GRP) published guidance on the Gender Recognition Act 2004 which can be found on the GRP website at http://www.grp.gov.uk
The Civil Partnership Bill
The Government published its Civil Partnership Bill on 31 March 2004. More
The Sex Discrimination Act
A practical guide to the Sex Discrimination Act. More
The Sex Discrimination (Election Candidates) Act 2002 allows political parties to use positive measures to reduce inequality in the numbers of men and women elected. More
The Equal Pay Act
The Equal Pay Act 1970 makes it unlawful for employers to discriminate between men and women in terms of their pay and contractual conditions. The Act applies to both men and women but any comparison must be with a person of the opposite sex. More
The Equal Pay Questionnaire, which came into effect on 6 April 2003, is intended to help people to request key information from their employers to find out whether they are receiving equal pay and, if not, the reasons why. More
Equal Value tribunal cases
The revised equal value tribunal regulations and Equal Pay Act 1970 (Amendment) Regulations 2004 came into effect on 1 October 2004. More
Guide to key anti-discrimination legislation
A brief overview of legislation that relates to promoting equality and tackling discrimination. Note: last updated October 2003.
|
||||
|
Updated December 2005 | © Crown copyright |
||||
