EOC challenges sex discrimination laws
The Equal Opportunities Commission is seeking a judicial review claiming that the Government has not properly implemented amendments to the Equal Treatment Directive relating to sexual harassment and pregnancy discrimination.
On 1 October 2005, the Employment Equality (Sex Discrimination) Regulations 2005 amended the Sex Discrimination Act 1975 to implement the amended Equal Treatment Directive, which prohibits both sex-based harassment and sexual harassment. The Regulations also amended the definition of indirect sex discrimination to make it clear that less favourable treatment on the grounds of pregnancy or maternity leave amounts to unlawful sex discrimination.
The EOC claims, among other things, that the definition of harassment in the Regulations is too narrow, and does not reflect the broad protection in the Directive. The Directive is intended to ensure that women in the workplace are not subjected to any unwanted conduct related to their sex that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. The EOC gives the example that the legislation appears to give no protection to women harassed by clients, even when their employer knows of the harassment and could take steps to prevent it.
The case is being heard on 27 and 28 February.
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.
Still too few women in top jobs Women are still under-represented in the top public and private sector jobs, according to an annual survey published by the Equal Opportunities Commission.
Transforming ways of working The way people work no longer fits the world we live in, concludes an interim report from the Equal Opportunities Commission.
Gender pay gap is at its narrowest ever recorded The gap between the pay of full-time male and female workers fell by 0.4 percentage points from April 2005 to April 2006, according to the latest Annual Survey of Hours and Earnings.
