法律英语词汇“sex discrimination”的翻译、意思、用法、释义-法律词典

单词

sex discrimination

释义

sex discrimination

sex discrimination in the employment law of the UK, a body of rules designed to prevent and remedy discrimination on the basis of a per- son's sex. An equality clause is incorporated by law in every contract of employment by the Equal Pay Act 1970. It is even included in con- tracts for services. The equality clause has the effect in the contract of stating that men and women are employed on like work or employed on work rated as equivalent, the terms and conditions of employment

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sex offender orders

will not be more favourable for one sex as against the other in any relevant respect.

Like work is work of a broadly similar nature. An employee may claim his or her work is of equal value and such a question may be remitted to an independent assessor. The value of the job on the employment market cannot determine matters, for the purpose of the legislation is to change the market: Rainey v. Greater Glasgow Health Board, 1987 SLT 146. A party can take the matter to an EMPLOY- MENT TRIBUNAL or, if it is not reasonably to be expected that a person will raise the matter, the Secretary of State can lay the matter before a tribunal. A complainant must have been working for six months before the proceedings.

The Sex Discrimination Act 1972, 1986 along with Article 119 of the European Economic Community Treaty, provides a range of control over discrimination based on sex. Direct discrimination, treating a member of one sex better than another, is restrained but so too is indi- rect discrimination through some gender-based criterion. The Act also applies to protect married persons. An indirect case is that a criterion is set whereby the proportion of the people who can apply differs between the sexes: Pearce v. City of Bradford [1988] IRLR 379. Justifi- cation is possible. The Act controls discrimination in selection for employment and promotion within employment. A person's sex may be a genuine occupational qualification, as where a producer is casting the role of Desdemona. There are other exceptions, including national security. Sexual harassment has been described as a form of sex dis- crimination: Porcelli v. SRC [1986] CR 564. An Equal Opportunities Commission has responsibility for monitoring the Act and can issue non-discrimination notices and support litigants by way of test cases. The European law may subvert UK measures where they fail to meet European requirements.

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