Thus, to dismiss because of it can constitute
direct sex discrimination.
Mr Ali felt that this was unfair as it meant fathers were at a disadvantage in comparison to mothers because they were allowed 14 weeks» enhanced maternity pay and so he brought a claim for
direct sex discrimination before the ET.
The EAT have held that an employer's failure to pay enhanced shared parental leave (SPL) to a male employee when it did pay enhanced maternity leave to female employees was not
direct sex discrimination (our blog on the Tribunal's earlier decision can be found here).
Case: The EAT has held that it is not
direct sex discrimination for an employer to offer enhanced maternity pay and fail to pay enhanced shared parental pay in line with this.
Ofsted chief inspector Amanda Spielman is appealing the verdict, as the watchdog believes Al - Hijrah's policy of segregating boys from girls amounts to
direct sex discrimination.
Not exact matches
raise awareness and sensitivity to potential acts of
discrimination and / or harassment
directed at students that are committed by students and / or school employees on school property or at a school function; including, but not limited to,
discrimination and / or harassment based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or
sex; and
For example, if a job advert it states that they are looking for a husband and wife team to manage a bar then this could be viewed as
direct sexual orientation
discrimination as they are treating same
sex couples in a less favourable fashion.
Direct discrimination in these areas on the grounds of gender reassignment, pregnancy and maternity (within 26 weeks of birth) is introduced and
sex harassment, sexual harassment and harassment on the ground of gender reassignment are explicitly prohibited in these areas.
The judges brought claims for
direct discrimination and, as there were higher numbers of female and black and minority ethnic judges in the affected group, claims for indirect race and
sex discrimination and equal pay.
He also noted that, if she were wrong about that, it would still be
direct discrimination using an unmarried comparator as it appeared Mrs Wilkinson had allowed unmarried opposite -
sex couples to share a bed on a few occasions because she had not found out, until it was too late to refuse, that they were unmarried (see para 44).
In finding that the applicant had not been discriminated against on the basis of
sex or family status the Honourable Justice Johanne Trudel
directed her attention to the four factors necessary to establish a prima facie case of
discrimination on the basis of family status.
«The only effect of a positive vote will be to make same -
sex couples, and their families, unequal to everyone else; this is
discrimination in its rawest form... There is no Massachusetts precedent discussing, or deciding, whether the initiative procedure may be used to add a constitutional provision that purposefully discriminates against an oppressed and disfavored minority of our citizens in
direct contravention of theprinciples of liberty and equality protection by Art. 1 of the Massachusetts Declaration of Rights.»
The Court held that it was not necessary for the appellant to show that every female prisoner required to live at an AP has suffered the detriment of being placed at an AP far from her home in order to establish a case of
direct discrimination on grounds of
sex, and considered that the risk of being placed far from home is much greater for women than for men due to the smaller numbers of female offenders, and the policy decision that the particular vulnerability of women required to live in an AP means that all APs should be single
sex.
This appeal considered whether the arrangements for placing prisoners in Approved Premises (APs) upon release from custody gave rise to unlawful
sex discrimination, either
direct or indirect.
His grievance was rejected by Capita and he subsequently issued proceedings in the employment tribunal for
direct and indirect
sex discrimination and victimisation.
The general approach to such schemes was considered in Redcar & Cleveland BC v Bainbridge; Surtees v Middlesbrough BC [2008] IRLR 776, CA in the context of equal pay and
sex discrimination but in the instant case the interesting variation was that the attack came on the basis of age
discrimination (where, of course, one difference is that even
direct discrimination can be justified).
Many employers who enhance maternity pay have chosen not to mirror this for shared parental leave, pending clarity as to whether this could be
direct or indirect
sex discrimination.
Further, the International Indigenous Working Group on HIV & AIDS (IIWGHA) says in its strategic plan that Indigenous peoples globally experience higher rates than other populations, as a
direct result of colonisation and with risk factors including involvement in
sex work, incarceration, drug use, sexual violence, and stigma and
discrimination.