Sexual Discrimination - An Overview

Most of us have probably heard of the 'the glass ceiling' term in relation to the continuing disparity between men and women's pay and we have more often than not probably heard someone say something like, "no she is far too girly for that kind of thing." Subtle cultural stereotypes like this encourage people to have prejudiced ideas and notions about a person's ability based soley on their gender. When this prejudice progresses into some kind of action that differentiates the treatment of men and women in favour of the other, then sexual discrimination is taking place.

The Sex Discrimination Act and its consequent amendments covers the treatment of both men and women in public life, it is designed to try and eliminate all discriminatory practices that work to differentiate between the sexes to the detriment of one, usually women. The only institutions that are exempted from having to be egalitarian in the treatment of people's gender are certain types of single sex educational institutions, who are allowed to practice reasonable discrimination based on sex and certain jobs such as female toilet attendants.

Any behaviour that clearly acts to divide the sexes to the advantage of one over the other is known as direct sexual discrimination. The reasons why this type of behaviour is frowned upon is because it is mostly all based on prejudice and preordained notions that have no relation to a individual's talent or skill. A group of boys not allowing a girl to play football with them because "girls don't play football", or a male nurse being denied promotion for a less qualified female counterpart are examples of this kind of discriminatory behaviour. Indirect sexual discrimination is different because it is not always so clear. If a rule, policy or regulation which seems to be gender neutral at first is revealed later to be disadvantageous to one sex, such as arbitrary height or weight requirements, then this a form of indirect discrimination.

Everyone has heard the term sexual harassment in the context of the workplace. This is a form of discriminatory behaviour that subjects a person to unwanted conduct, physical or verbal, that relates to their gender and creates an unsettling or offensive setting for that person. This can range from inappropriate jokes or conversation to touching of an overtly sexual nature. If this person makes a formal complaint about this behaviour and still continues to be treated rudely or unfairly, then this person is being victimised by the person who is discriminating with their actions. Sustained and damaging victimisation or harassment has been a criminal offence, punishable by prison, since the Protection from Harassment Act of 1997. On top of this, the Equal Pay Act serves to limit the gap between the sexes so that everyone is allowed the same rewards for doing the same amount of work.

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