Amendments to sex discrimination laws finalised

The Government has published the finalised Employment Equality (Sex Discrimination) Regulations 2005, which introduce new definitions of sexual and sex-based harassment from 1 October 2005.

The Regulations amend the Sex Discrimination Act 1975 to implement the amended Equal Treatment Directive, which prohibits both sex-based harassment and sexual harassment.

Sex-based harassment happens where 'unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating, or offensive environment'.

Sexual harassment happens where 'any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating, or offensive environment'.

The Regulations also amend the definition of indirect sex discrimination to make it consistent with other equality legislation and make clear that less favourable treatment on the grounds of pregnancy or maternity leave will amount to unlawful sex discrimination.

Although the majority of the final regulations are unchanged from their draft form, the Government has changed the regulations on pregnancy and maternity leave discrimination to reflect more accurately the Court of Appeal's decision in Alabaster v Barclays Bank plc and Secretary of State for Social Security (No.2) [2005] IRLR 576 CA.

  • Employment Equality (Sex Discrimination) Regulations 2005   Read the full text of the Regulations on the OPSI website.

  • Changes to Sex Discrimination Legislation in Great Britain (Microsoft Word format, 1MB) and Bullying and Harassment at Work: A Guide for Managers and Employers The Women and Equality Unit and ACAS websites provide guidance on the changes.

    Also

    New definitions of harassment criticised   The new definitions of sexual and sex-based harassment included in the consultative draft Regulations to amend the Sex Discrimination Act are unworkable in their current wording, argues Michael Rubenstein.

    Amending the Sex Discrimination Act   By Michael Rubenstein, co-editor of EOR.

    New definitions may simplify sex discrimination claims   Legal definitions of sex-based and sexual harassment, effective from October, may end confusion over how to judge sex discrimination claims involving harassment, argues lawyer Makbool Javaid.

    Sex discrimination   XpertHR's employment law reference manual offers guidance on sex-based and sexual harassment, including details of the new definitions.

    Sexual harassment: case law   XpertHR's case law reports section rounds up what the courts have said about sexual harassment.