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> Other Areas of Sex Discrimination
Other Areas of Sex Discrimination
Advertisements
It is unlawful under the Sex Discrimination Act 1975 (‘SDA’) to publish an advertisement which states or implies an intention to discriminate on grounds of sex or marital / civil-partnership status. This includes job adverts which specify applications from a particular sex or an offer to provide goods, facilities or services for a particular sex (e.g. free admission to women to a nightclub where men have to pay). Of course it will not be unlawful to publish a sex specific advertisement if it falls within one of the exceptions to the act under the relevant provisions. Further the publisher of an advert may have a defence if he or she reasonable relied on a statement by the advertiser that the advertisement was lawful i.e. a false representation that the post fell under one of the exceptions to the act.
Only the Equal Opportunities Commission can bring an action against the advertiser or publisher. However, individuals can take action if they were personally affected by the advertisement. A complaint could be made to an Employment Tribunal in relation to a discriminatory employment advertisement on the basis that it constituted part of the arrangements made by the employer to fill a vacancy. A complaint could be made to a County Court or Sheriff Court in relation to a discriminatory goods or services advertisement on the basis that the individual had sought to use the goods, facilities or services and been refused.
Sexism in advertising, through offensive images of women used to sell products for example, is not outlawed by the SDA. But complaints of sexism or anything else you consider to be illegal, indecent, dishonest or untruthful can be made to the Advertising Standards Authority.
Contractual terms
Contractual terms which conflict with the SDA are void.
This applies to any term of a collective agreement, rule made by employers, organisations of workers, professional organisations or regulatory bodies. Individuals affected by such terms or rules have the right to apply to the Employment Tribunal to have the term or rule declared invalid.
This also applies to contractual terms in the non-employment fields. For example a contract that prohibits a woman from using club facilities, (unless falling within one of the exceptions). A party to the contract may apply to the County Court or Sheriff Court to remove or modify the term, but only following notice to all parties affected to enable them to make representations to court.
Positive Action
Positive discrimination is unlawful under the SDA, however positive action in certain situations is lawful. This is where an employer takes positive steps to address under-representation of one of the sexes in the workplace. Permissible steps include the provision of single-sex training and targeted advertising particularly welcoming applications from the under-represented sex (however selection must continue to be on merit).
