Implementing the Gender Directive (2004/113/EC)
The Sex Discrimination (Amendment of Legislation) Regulations 2008 (SI 2008/963)
implement, in the United Kingdom, the EU Gender Directive concerning equal treatment between men and women in the access to and supply of goods and services which are available to the public. The Regulations, which came into operation on 6 April 2008, amend both the Sex Discrimination Act 1975 and the Sex Discrimination (Northern Ireland) Order 1976.
implement, in the United Kingdom, the EU Gender Directive concerning equal treatment between men and women in the access to and supply of goods and services which are available to the public. The Regulations, which came into operation on 6 April 2008, amend both the Sex Discrimination Act 1975 and the Sex Discrimination (Northern Ireland) Order 1976.As the Sex Discrimination (Northern Ireland) Order 1976 already applied to the provision of goods, facilities, services and premises, it went a long way towards meeting the requirements of the Gender Directive. As a consequence, the amendments necessary to comply with the requirements of the Directive are few. The main changes to the 1976 Order are to:
- extend protection from discrimination on grounds of gender reassignment to the provision of goods, facilities and services;
- make explicit that sexual harassment, sex harassment and gender reassignment harassment in access to and the provision of goods, facilities and services is unlawful;
- make explicit that less favourable treatment on the ground of a woman’s pregnancy or maternity in the provision of goods, facilities and services is unlawful;
- in relation to financial and insurance products, make clear that where there are proportionate differences in an individual’s premiums and benefits as a result of sex being a determinate factor in risk assessment, then these differences must be based on relevant and accurate data, and this data must be complied, published and regularly updated.
Schedule 2 to the Sex Discrimination (Amendment of Legislation) Regulations 2008 carries the amendments to the 1976 Order.
The Government Equalities Office fact sheet on the changes introduced by the Sex Discrimination Regulations 2008 provides more detail.
provides more detail.
