Equal opportunities

For more detailed information about your rights under these acts, visit the Know your rights section of the EOC website.

The Sex Discrimination Act (SDA) came into force in 1975.
For further information visit: http://www.eoc.org.uk/Default.aspx?page=15497

The Equal Pay Act (EPA) took effect in 1975.
For further information: http://www.eoc.org.uk/Default.aspx?page=15498

Each act has been amended a number of time since they came into force.

What do the acts say?

The SDA makes it unlawful to discriminate on the grounds of sex. Specifically, sex discrimination is not allowed in employment, education, advertising or when providing housing, goods, services or facilities. It is unlawful to discriminate because someone is married, in employment or advertisements for jobs. It is also unlawful to discriminate in the employment field on the grounds of gender reassignment, or pregnancy and maternity. Harassment in employment, vocational training and further education is also specifically prohibited. The EPA says women must be paid the same as men when they are doing equal work and vice-versa.

What is the EOC?

The Equal Opportunities Commission was created by Parliament in 1976. We have three main tasks:

• working to end sex discrimination
• promoting equal opportunities for women and men
• reviewing and suggesting improvements to the Sex Discrimination Act and the Equal Pay Act. The EOC does not deal with discrimination on the basis of race, age, disability or other grounds.

What are my rights?

Employment

Employers must not discriminate against you because of your sex or because you are married, because you have undergone (or intend to undergo) gender reassignment or because of your pregnancy or maternity leave. Harassment at work is also unlawful.

This applies to recruitment, your treatment in your job, chances for promotion and training, dismissal or redundancy. Employers must not label jobs 'for men' or 'for women' except in some very special circumstances: a person's sex can be considered a 'genuine occupational qualification' in jobs such as acting or for reasons of privacy and decency.

Equal Pay

Employers must not discriminate against you on the basis of sex, in relation to your pay. For example, if you and another colleague of the opposite sex are doing the same job but you are paid less then you have a right to equal pay – unless the employer can show there is a genuine reason for the pay difference which is not based on sex.

Education

Co-educational schools, colleges and universities must not discriminate in the way they provide facilities or in the way they admit students. For example, all students should have equal access to the National Curriculum. The careers service must not discriminate between boys and girls in the way they provide advice and assistance. Single-sex schools may restrict admission to boys or girls, but they must not restrict the types of subjects they teach as a result.

Housing, goods, facilities, and services

With a few exceptions, no one providing housing, goods, facilities or services to the public may discriminate against you because of your sex. For example, you must not be discriminated against when:

• applying for a mortgage or loan
• taking part in recreational activities
• buying or renting accommodation

Advertising

Advertisements must not show that the advertiser intends to discriminate unlawfully. The Equal Opportunities Commission can take legal action against advertisers who discriminate.

Victimisation

You are protected by the law in case you are victimized for trying to exercise your rights under the Sex Discrimination or Equal Pay Acts.

What should I do first?

To help you decide whether to start a case, visit the Know your rights section of this website for information on the different types of sex discrimination.

Where do I take my complaint?

If you feel that you have been treated unfairly because of your sex, marriage or gender reassignment you can take your complaint to a county court, in England or Wales, or to sheriff court in Scotland. If your complaint is about employment or equal pay you go to an employment tribunal. If your complaint is about education in a state school, college or university you must first give the Secretary of State a chance to exercise the Secretary's powers under the Education Acts.

How soon must I take action?

You must present your complaint of sex, marriage or gender reassignment discrimination in employment to a tribunal not later than three months (minus one day) after the act you are complaining about took place. For further information visit the Know your rights section of this website. You may be able to take a complaint after this time if you can show a good reason that you could not make your complaint earlier.

Complaints about unequal pay can be presented to an employment tribunal at any time while in the job to which your claim relates and up to six months (minus one day) after leaving the job. If you are taking a case to a county or sheriff court you must begin your legal action not later than six months (minus one day) after the act you are complaining about took place.

copyright for the information on this page belongs to the Equal Opportunities Commission

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