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Acas uses cookies to ensure we give you the best experience and to make the site simpler. Find out more about cookies. The Equality Act makes it unlawful for an employer to discriminate against employees because of their sex. Sex discrimination against men is just as unlawful as sex discrimination against women. Also, it is unlawful for a woman to discriminate against another woman because of her sex, and for a man to discriminate against another man because of his sex. Is when someone is treated differently and not as well as other people because of their sex.
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John Bowers and Elena Moran advocate that there should be a general justification defence for direct sex discrimination 32 ILJ This article takes issue with that proposition. It reappraises the need for a prohibition of direct discrimination on protected grounds, subject only to strictly limited defences linked to the nature of the job concerned. Most users should sign in with their email address. If you originally registered with a username please use that to sign in. To purchase short term access, please sign in to your Oxford Academic account above. Don't already have an Oxford Academic account? Oxford University Press is a department of the University of Oxford.
There are some circumstances when being treated differently due to sex is lawful. The Equality Act says you must not be discriminated against because:. In the Equality Act, sex can mean either male or female, or a group of people like men or boys, or women or girls. This happens when, because of your sex, someone treats you worse than someone of the opposite sex who is in a similar situation. For example:. Indirect sex discrimination can be permitted if the organisation or employer is able to show that there is a good reason for the policy. This is known as objective justification.