Discrimination on the grounds of gender is unlawful as a result of the Sex Discrimination Act 1975. The Sex Discrimination Act 1975 outlaws direct and indirect discrimination in employment, education, and the provision of goods and services.

From April 2007 all public authorities will be required to establish proactive measures to promote gender equality and eliminate sex discrimination as a result of the Equality Act 2006. These proactive measures are known as the Gender Equality Duty.

Direct discrimination

Direct discrimination occurs when a person is treated less favourably than another person on the grounds of their sex. Direct discrimination is when:

• The treatment is less favourable than the treatment which was (or would be) accorded to a person of the opposite sex
• The treatment was less favourable because of the gender of the person involved

Indirect discrimination

In employment indirect discrimination occurs where a provision, criterion or practice:

• Is such that it would be to the detriment of a considerably larger proportion of one sex than the other
• Cannot be shown by the employer to be justifiable irrespective of the sex of the person to whom it is applied
• Is to the detriment of the person in question

In education and the provision of goods and services indirect discrimination occurs when a condition or requirement is applied where:

• The proportion of one sex who can comply with it is considerably smaller than the proportion of the other sex that can comply
• The individual suffers because he or she cannot comply
• It cannot be shown to be objectively justifiable by the person that is applying the condition or requirement

However, sex discrimination cannot occur in circumstances where being a woman or a man is a genuine occupational qualification for the job.

Gender Equality Duty

The Gender Equality Duty means that public authorities will need to consider ways in which their services can be provided in the most equal manner. In doing this public authorities are required to:

• Review the way in which services are provided to understand the impact upon gender equality
• Identify gender equality goals and create an action plan to achieve these goals
• Monitor whether the goals are being achieved and periodically review the action plan