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> Scope of Sex Discrimination Law in the UK
Scope of Sex Discrimination Law in the UK
The law relating to sex discrimination is heavily influenced by European Union law. Article 141 of the Treaty of Rome provides that ‘Each Member State shall ensure that the principle of equal pay for male and female workers for work of equal value is applied.’ Article 141 is extended by additional Directives. The most relevant being the Equal Pay Directive (Directive 75/117) and the Equal Treatment Directive (Directive 76/207) (ETD).
The Sex Discrimination Act 1975, as amended (‘SDA’), covers discrimination in the following areas:
The SDA has been amended to bring discrimination against transsexual people in employment and vocational training within its scope. There is now a statutory definition of ‘gender re-assignment’ in the SDA. Discrimination on the grounds of sexual orientation is dealt with by new regulations which came into force in December 2003 and April 2007. See Sexual Orientation and Transgender Discrimination.
The SDA also makes it unlawful to discriminate against married people / those in civil partnerships in the fields of employment and vocational training. Otherwise, discrimination against people because of their marital status is currently lawful. Although it may be that this is challenged on human rights grounds in due course.
Discrimination in some of the areas not covered by the SDA continues to be addressed through European Union Law. For example, the EC Social Security Directive (79/7) has led to some changes in Britain’s social security benefits in recent years. This Directive required equal treatment of men and women in the statutory provision of social security benefits such as statutory sick pay, invalidity benefits and unemployment benefits. However it does not require state pension ages or related benefits to be equalised. In the UK, the state pension age for women born after 6 April 1955 has been equalised by raising it to 65 years, but for those born before this date the pension age remains 60 for women and 65 for men.
The Sex Discrimination Act 1975, as amended (‘SDA’), covers discrimination in the following areas:
- Employment.
- Education.
- Goods, facilities and services.
- Housing.
- Public authorities.
The SDA has been amended to bring discrimination against transsexual people in employment and vocational training within its scope. There is now a statutory definition of ‘gender re-assignment’ in the SDA. Discrimination on the grounds of sexual orientation is dealt with by new regulations which came into force in December 2003 and April 2007. See Sexual Orientation and Transgender Discrimination.
The SDA also makes it unlawful to discriminate against married people / those in civil partnerships in the fields of employment and vocational training. Otherwise, discrimination against people because of their marital status is currently lawful. Although it may be that this is challenged on human rights grounds in due course.
Discrimination in some of the areas not covered by the SDA continues to be addressed through European Union Law. For example, the EC Social Security Directive (79/7) has led to some changes in Britain’s social security benefits in recent years. This Directive required equal treatment of men and women in the statutory provision of social security benefits such as statutory sick pay, invalidity benefits and unemployment benefits. However it does not require state pension ages or related benefits to be equalised. In the UK, the state pension age for women born after 6 April 1955 has been equalised by raising it to 65 years, but for those born before this date the pension age remains 60 for women and 65 for men.
