This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, and sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee, thus preventing him/her from bringing or continuing proceedings on one of these bases and/or by subjecting him/her to retaliation.
Chapter
10. Introduction to Employment Equality Law
Chapter
16. Sex discrimination
This chapter deals with sex discrimination law under the Equality Act. It discusses the historical and legal background of sex discrimination law, protected characteristics and prohibited conduct on grounds of sex discrimination. Sex discrimination is symmetrical in that it can be claimed by both men and women. Direct sex discrimination cannot be justified unless there is an occupational requirement while indirect sex discrimination can be objectively justified. A person who has been treated less favourably for claiming sex discrimination or giving evidence in such a matter can claim victimisation. A person can claim harassment, and sexual harassment is also specifically outlawed in the Equality Act. The chapter also discusses dress codes.
Chapter
4. Equality in Employment
This chapter considers those provisions of the Equality Act 2010 that relate to employment law. These generally are to be found in Parts 5, 8, 9, 10, and 11 of the Act, together with provisions found in various schedules. Topics discussed include key concepts of the Act; various types of prohibited conduct such as direct and indirect discrimination; the protected characteristics in the Equality Act (namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation); defences such as justification and occupational requirements; discrimination in employment; provisions in the Equality Act that are common to all of the protected characteristics; comparators; occupational requirements; submitting a complaint; enforcement powers of the Equality and Human Rights Commission; and other protected groups. It also covers ex-offenders and rehabilitation periods.
