Sexism and the Law
The Equality Act 2010 brought together a number of different acts, including the 1975 Sex Discrimination Act (see below). The new act contains all of the safeguards of the previous acts, as well as new expectations. Although the 2010 Equality Act has been passed, it will take time until it is fully implemented. Also, due to the change of UK government, it is not certain that all aspects of the act will be enforced. For example:
- Theresa May, the Home Secretary and Minister for Women and Equalities, announced on 17 November that the Government will not be taking forward the socio-economic duty for public bodies, one of the outstanding provisions in the Equality Act 2010
- The Government announced on 2 December 2010 that it will not implement the gender pay reporting measures in section 78 of the Act while it is working with business to encourage the publication of equality workforce data on a voluntary basis.
However, aspects of the Act that came into force 1.10.10:
- The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.
- Changing the definition of gender reassignment, by removing the requirement for medical supervision.
- Clearer protection for breastfeeding mothers;
- Allowing claims for direct gender pay discrimination where there is no actual comparator.
- Making pay secrecy clauses unenforceable.
- Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.
The Sex Discrimination Act 1975
Illegal for employers to discriminate against job applicants on the basis of gender. Men and women should have equal opportunities for training and promotion.
Exceptions:
- Women should not work underground as miners.
- Church did not have to have women priests.
Despite the Sex Discrimination Act 1975, all is not fair:
- If women take time out to have children, it can mean falling behind in promotion.
- Some firms are reluctant to train women for responsible posts in case they want more time off than men, e.g. have children, or look after sick children.
- Women earn on average 25% less than men for doing the same job.
- Women hold far fewer positions of power and influence.
- A small percentage of MPs are women.
- Women are the majority of churchgoers, but some Churches will not allow women leaders.
Some questions to think about:
- Can women expect the same careers as men, if pregnancy and childbirth take up so much time and energy
- On the other hand, shouldn’t parenting be shared between men and women?
- Shouldn’t employers make the effort to support family life, e.g. by providing flexible working hours?
