Sex Discrimination in Goods, Facilities and Services

The SDA 1975 (‘SDA’) makes it unlawful for a person providing goods, facilities or services to members of the public to directly or indirectly discriminate (or victimise) on the grounds of sex in the provision of such goods, facilities or services. This is regardless of whether or not the goods, facilities or services are provided free of charge. This covers a wide range of public and private services, including pubs, cafes, restaurants, hotels, transport, banking, insurance, hire purchase, recreation and entertainment.

There is no express provision prohibiting harassment in the provision of goods, facilities and services, however it would be possible to argue that such treatment constituted direct discrimination. An express provision prohibiting harassment is due to come into force by 21 December 2007.

Exceptions

The list of exceptions to this part of the SDA, however, is just about as long as the list of situations it does cover. The exceptions are:

Currently private clubs, such as working-men's clubs and sports clubs. It is arguable that the exclusion of these clubs from the provisions of the Sex Discrimination Act could now be subject to challenge under human rights legislation.
Political parties. Women’s sections and conferences are still lawful.
Religious bodies may continue to discriminate if necessary because of their doctrine or because not to do so would offend 'a significant number' of its members.
Hospitals, prisons, hostels, old people’s homes and any other place for people needing ‘special care’.
Competitive sport, if an average woman would be at a disadvantage because of her physical capacity compared to the average man.
Charities and non-profit-making organisations set up to provide facilities or services for one sex only. This does not mean such organisations may discriminate across the board - for example, by restricting their office workers to one sex only - but they may discriminate in the provision of services, including who is employed in actually providing those services.
Communal facilities or services which need to be restricted to one sex where users are likely to suffer ‘serious embarrassment’ at the presence of the opposite sex or the users are likely to be in a state of undress. This covers toilets, saunas, changing rooms, and so on.
Services involving physical contact, where it may be reasonable to object if the other person was of the opposite sex. For example self-defence classes.
Services which require a particular skill which is exercised differently for men than for women may in certain circumstances be restricted to one sex only, e.g. hairdressing and tailoring.
Insurance companies and similar bodies. These may discriminate in relation to the provision of an annuity, life assurance policy, accident insurance policy or similar matter involving an assessment of risk where such discrimination is based on actuarial or other data on which it is reasonable to rely. For example, women can be offered cheaper car insurance than men because statistics show they are safer drivers.

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