Gender equality
Under the Equality Act 2010 , it is unlawful to discriminate against workers because of their gender.
Employers should ensure they have policies in place which are designed to prevent discrimination in:
- recruitment and selection
- determining pay
- training and development
- selection for promotion
- discipline and grievances
- countering bullying and harassment.
Many employers have also found that making changes to their working practices makes good business sense and helps them attract the best people, including provisions for flexible working.
Questions and answers
What is sex discrimination?
Sex discrimination is when a male or female experiences unjustifiable unfavourable treatment because of their gender or sex.
The Equality Act 2010 ensures that the requirement not to discrimination covers all terms and conditions of employment. It also includes applying a 'provision, criterion or practice' which, although it applies to men and women equally, puts either gender/sex at an unjustified disadvantage compared to the other. What does sex discrimination cover?
Sex discrimination covers four areas:
- direct discrimination: treating someone less favourably because of their actual or perceived sex, or because of the sex of someone with whom they associate
- indirect discrimination: can occur where there is a policy, practice or procedures that applies to all workers, but particularly disadvantages workers of a particular sex. For example, a requirement that job applicants must be six feet tall could be met by significantly fewer women than men. Indirect discrimination can only be justified if it is a proportionate means of achieving a legitimate aim
- harassment: when unwanted conduct related to sex has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual
- victimisation: unfair treatment of an employee who has made or supported a complaint about sex discrimination.
What can an RCN member do if they think they have been discriminated against?
If you feel you have been treated unfairly because of your gender or sex, contact your local RCN representative in the first instance or contact RCN Direct on 0345 772 6100.
Am I protected from sex discrimination at work?
Under the Equality Act 2010, employers must not discriminate because of sex, marriage, civil partnership, pregnancy, maternity, or because you intend to undergo, are undergoing or have undergone gender reassignment.
Can jobs ever be restricted to one sex?
In very limited circumstances, there are some jobs which can require that the job-holder is a man or a woman. This is known as a 'genuine occupational requirement'. The list of occupational requirements is restricted. One example is where the job holder is likely to work in circumstances where members of one sex require intimate personal care.