Employment law – Sex
Discrimination
Governed by EA 2010 – aims to prevent unfair treatment of persons on the grounds of their sex in recruitment
and employment
Compensation is awarded on a tortious basis i.e. unlimited
Step 1: identify the protected characteristic
Sex is a protected characteristic under s 4. If an employer undertakes an unlawful act which amounts to prohibited
conduct, they may be liable for sex discrimination
Step 2: identify the unlawful act
Defined in s 39 –
1) An employer (A) must not discriminate against a person (B)
a. In the arrangements A makes for deciding to whom to offer employment
b. As to the terms on which A offers B employment
c. By not offering B employment
2) An employer (A) must not discriminate against an employee of A’s (B)
a. As to B’s terms of employment
b. In the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or
training or for receiving any other benefit, facility or service
c. By dismissing B
d. By subjecting B to any other detriment
3) An employer (A) must not victimise a person (B)
a. In the arrangements A makes for deciding whom to offer employment
b. As to terms on which A offers B employment
c. By not offering B employment
4) An employer (A) must not victimise an employee of A’s (B)
a. As to B’s terms of employment
b. In the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or
training or for receiving any other benefit, facility or service
c. By dismissing B
d. By subjecting B to any other detriment
Step 3: Identify the prohibited conduct
Direct Discrimination – s 13
A person (A) discriminates against another (B) if because of a protected characteristic A treats B less favourably than A
treats or would treat others
S 136 - Claimant must show:
he/she has suffered less favourable treatment
compared to a man/woman who is not materially different to the claimant other than being a man/woman – s
23(1)
Discrimination
Governed by EA 2010 – aims to prevent unfair treatment of persons on the grounds of their sex in recruitment
and employment
Compensation is awarded on a tortious basis i.e. unlimited
Step 1: identify the protected characteristic
Sex is a protected characteristic under s 4. If an employer undertakes an unlawful act which amounts to prohibited
conduct, they may be liable for sex discrimination
Step 2: identify the unlawful act
Defined in s 39 –
1) An employer (A) must not discriminate against a person (B)
a. In the arrangements A makes for deciding to whom to offer employment
b. As to the terms on which A offers B employment
c. By not offering B employment
2) An employer (A) must not discriminate against an employee of A’s (B)
a. As to B’s terms of employment
b. In the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or
training or for receiving any other benefit, facility or service
c. By dismissing B
d. By subjecting B to any other detriment
3) An employer (A) must not victimise a person (B)
a. In the arrangements A makes for deciding whom to offer employment
b. As to terms on which A offers B employment
c. By not offering B employment
4) An employer (A) must not victimise an employee of A’s (B)
a. As to B’s terms of employment
b. In the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or
training or for receiving any other benefit, facility or service
c. By dismissing B
d. By subjecting B to any other detriment
Step 3: Identify the prohibited conduct
Direct Discrimination – s 13
A person (A) discriminates against another (B) if because of a protected characteristic A treats B less favourably than A
treats or would treat others
S 136 - Claimant must show:
he/she has suffered less favourable treatment
compared to a man/woman who is not materially different to the claimant other than being a man/woman – s
23(1)
