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Discrimination laws & regulations
Five laws protect individuals against direct and indirect discrimination from employers during the recruitment process and throughout their employment.
Sex Discrimination Act 1975 (SDA)
Under the SDA, jobseekers are protected from being treated differently during recruitment and employment due to their gender or marital status. These regulations also cover pregnancy and sexual harassment. The SDA covers a broad range of employees, including contract workers. There are exceptions under the Genuine Occupational Qualification (GOQ) which allows an employer to restrict applications for a vacancy to allow for the essentials of the job (such as a female to model women's clothes).
Employment Equality (Sexual Orientation) Regulations 2003
This law makes it unlawful to discriminate in recruitment, employment and training on the basis of sexual orientation. It covers people whether they are gay, lesbian, bisexual or heterosexual.
Race Relations Act 1976 (RRA)
It is illegal to discriminate on the grounds of race, colour or nationality (including citizenship, ethnicity or national origin). In addition, amendments to the RRA in 2000 included a general duty on listed public authorities to prove that they do not discriminate, even if their functions are carried out by a private business.
The Employment Equality (Religion or Belief) Regulations 2003
These prohibit discrimination in employment on the basis of religion or belief. For example, they give staff the right to request annual leave to coincide with religious festivals.
The Employment Equality (Age) Regulations 2006
These regulations enforced from 1 October 2006, ban age discrimination in recruitment, promotion and training. They remove the current age limit for unfair dismissal and redundancy rights and also introduce new retirement procedures to enable a constructive dialogue between employers and employees who want to continue working after retirement age.
Below we take a look at some of the common questions asked about discrimination.
I think I've been discriminated against during the recruitment process. What can I do?
Everyone has a right to challenge discrimination when job hunting. The issues to contest include:
- Unfair and unnecessary selection criteria.
- Not being shortlisted for interview.
- Being bypassed for a promotion.
- Being refused a post or apprenticeship.
- Receiving demeaning or inappropriate treatment at interview.
Although everyone has the right to take action, it is a complicated process. You have to provide evidence in the form of a written grievance within three months of the alleged discrimination. The best thing to do is seek specialist advice straightaway from an expert.
What is direct and indirect discrimination?
Direct discrimination means that workers or job applicants are treated less favourably because of factors such as sexual orientation or age. It is unlawful, for example, to dismiss someone, to decide not to employ them or to deny promotion on such grounds. An organisation is guilty of indirect discrimination where it has criteria, policies, rules or practices that disadvantage people. Indirect discrimination is unlawful, whether or not it is intentional.
Useful Links
- For more specific advice on any discrimination issues, speak to a solicitor or your local Citizens Advice Bureau
- The Equal Opportunities Commission carries information on sexual discrimination and equal pay legislation.
- Stonewall is a government funded charity dedicated to lobbying parliament on gay, lesbian and bisexual equality issues.
- The Commission for Racial Equality web site has information on race discrimination legislation including case studies for employees and employers.
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