The law on discrimination
According to the Equality and Human Rights Commission, the Equality Act says you must not be discriminated against because:
- You are (or are not) a particular sex
- Someone thinks you are the opposite sex (discrimination by perception)
- You are connected to someone of a particular sex (discrimination by association).
A difference in treatment may be lawful if:
- Being a particular sex is essential for a job. This is called an occupational requirement. This includes some jobs that require someone of a particular sex for reasons of privacy and decency or where personal services are provided. For example: a gym could employ a changing room attendant who is the same sex as the users of that room. Similarly, a women’s refuge that only provides services to women could require its staff to be women
- An organisation is taking positive action to encourage or develop people of a sex that is under-represented or disadvantaged in a role or activity. For example: an engineering firm places a job advert for a trainee engineer stating that applications from women are welcome.
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