What Help Is Available For Sexual Discrimination Victims?

Sexual Discrimination at work can take on many different forms, such as insulting language, unfair treatment or provision of facilities, obstacles to advancement, unequal or outright sexual harassment and victimisation. This type of discrimination stems from the use of stereotypes or prejudice as a justification for inequitable actions that are directed against a person or group because they happen to be of a particular gender. For those people who work in a repressive atmosphere of discrimination know that there are several steps they can take to get help with the situation.

Once a claim of discriminatory treatment has been made by an employee, the employer must take the appropriate steps to prove that the discrimination did not happen. Since most employers will not be willing to accept liability for discriminatory behaviour it can be extremely hard to find evidence of direct discrimination.

The first step for a victim of discrimination is to serve their employer with a questionnaire requesting vital information. This is an excellent way to obtain evidence should the victim want to take their claim further and yet is not considered as a formal complaint. An employer's refusal or inability to provide the information can itself be classed as evidence if the victim should decide to take their claim to the Tribunal. However they must issue the Questionnaire to the employer within three months of the incident in question or last example of victimising or harassing behaviour.

The Tribunal process is also usually limited to three months except in rare and special circumstances where the tribunal considers an extension would be appropriate given the primary facts of the case. However, the Tribunal can only hear the case if the victim has raised the grievance in writing with their employer and waited a maximum of twenty eight days for a response. If the response is not forthcoming or is deemed to be inadequate then the tribunal may proceed.

The Tribunal has three responses that it can use if the employer is deemed to be liable to claims of discrimination, harassment or victimisation. It can make a declaration for the record outlining how the employer/employee has acted unlawfully and the rights of the victim in such circumstances. It can also award compensation based on damages, loss of earnings or pension or in some cases injury. There is no limit to the compensation that can be awarded to a victim in these cases. The tribunal can also make practical recommendations to the employer, but these have to time limited and confined to actions that will lessen the discrimination against the victim. Any failure to follow the tribunal's recommendations can lead to compensation to the victim being increased.

There are clear, procedural processes that are open to people who believe they victims of unfair discrimination based on their gender and it has been proven successful in not only bringing closure to victims, but also in bringing about positive change in both the attitudes of employees and of the employer in the workplace itself.

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