Workplace Sexual Discrimination Law

Workplace Sexual Discrimination Law

Workplace sexual discrimination law prohibits discrimination on the basis of:

  • gender;

  • marital status;
  • gender reassignment; &
  • sexual orientation.

The law applies to all areas of employment, including:

Sexual discrimination falls into four categories: (1) ; (2) ; (3) ; and (4) .

Direct discrimination

Direct discrimination means intentional discrimination (e.g., saying
that no men can work in a nursery school).

‘Genuine occupational qualification’

Employers may discriminate in some cases, however, when recruiting workers – this is called ‘genuine occupational qualification.’  Examples

  • some jobs in single-sex schools

  • some jobs in welfare services
  • acting jobs that need a man or a woman

Positive action

Employers may also encourage or offer support specifically to men or women and this ‘positive action’ is allowed
in some circumstances.

For example, an employer who has no women managers might offer management
skills training only to women or encourage them to apply for management jobs.

Positive action applies only to training and encouragement to apply for
, however, so when it comes to choosing who is to get a job the employer must
consider all candidates on their suitability alone.

Organised religion

Religious organisations may also discriminate between applicants so as to
comply with “the doctrines of the religion or to avoid offending the religious
susceptibilities of … followers.”

Indirect sexual discrimination

Indirect sexual discrimination means unintended discrimination
(e.g., length of service benefits might indirectly discriminate against women who take
time out from work to raise children).

Sexual harassment

Sexual harassment means unwanted sexual conduct that violates a person’s
dignity or creates an intimidating, hostile, offensive or humiliating
environment for them.  For example, if a colleague persists in making remarks
about your figure, or your boss promises you promotion in exchange for sex, you
could claim sexual harassment and ask your employer to take action.

Sexual victimisation

It is also unlawful for an employer to victimise an individual for bringing a
discrimination claim, giving evidence in a discrimination case or making an
allegation of sex discrimination.

** Additional information & advice **

You can obtain further information about sexual discrimination through and the

Depending on the circumstances of your case, however, it may be better to .  You
can be in your area for free
via solicitor matching services, which can also help you to understand the best
course of action for your situation and whether you are ready to hire a

And, again depending on your situation, they may be able to help you find a
solicitor who will agree to take your case on a “no win no fee” basis, which
means you don’t have to pay for the solicitor’s services unless you win your

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