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Gender Legislation

GENDER

Sex Discrimination Act 1975, The

Outlaws discrimination - including victimisation and harassment on the grounds of gender, marital status.

Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, The

Where an individual has a prima facie case, the burden of proof lies with the organisation to prove that they did not discriminate.

Sex Discrimination (Gender Reasignment) Regulations 1999, The

The amendment regulations make it entirely clear that it is unlawful to discrimination against a person for the purpose of employment or vocational training on the grounds that the person intends to undergo gender reassignment, or has at some time in the past undergone gender reassignment. Harassment and victimisation of individuals on the ground of gender reassignment will give rise to unlawful discrimination.

Maternity and Parental Leave etc Regulations 1999, The

These contain the detail of the rights to maternity and parental leave contained in the Employment Rights Act 1996 (ERA). They also prescribe the circumstances in which dismissal will be automatically unfair for the purposes of the ERA if the dismissal is for a reason related to pregnancy, childbirth, maternity leave, parental leave, or time off for dependants.

Protection from Harassment Act 1997, The

This creates a criminal offence of harassment. It also creates a new type of civil claim, allowing individuals who are harassed to claim damages and / or seek a court order to stop the harasser from continuing the harassment.

Don't forget that NHS Scotland are corporate members of the EOC Equality Exchange. For more information visit;

www.eoc.org.uk

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Page updated: Tuesday, February 14, 2006