Racially offensive material in the media contravenes media codes of practice. Complaints can be made to the Press Complaints Commission or the Broadcasting Standards Authority. Complaints about racially offensive advertisements should be made to the Advertising Standards Authority.
Equal Pay Act 1970
The Equal Pay Act 1970 (EPA) gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing:
- Work rated as equivalent under an analytical job evaluation study; or
- Work that is proved to be of equal value.
The employer will not be required to provide the same pay and benefits if it can prove that the difference in pay or benefits is genuinely due to a reason other than one related to sex.
The EPA has been interpreted to cover indirect sex discrimination as well as direct discrimination i.e. where the pay difference is due to a condition or practice which applies to men and women but which adversely affects a considerably larger proportion of one sex than the other and it is not justifiable, irrespective of sex, to apply that condition or practice. So, for example, the fact that a woman is paid a lower hourly rate than a man because she works part-time and he works full-time is unlikely to be a good defence to an equal pay claim.
The EPA applies to England, Wales and Scotland.
The EPA applies to women and men of any age, including children.
The EPA applies to people who are "employees" in the sense required for some other employment rights, such as the right not to be unfairly dismissed, but also to other people who are engaged under a contract personally to execute work or labour.
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (SDA) prohibits sex discrimination against individuals in the areas of employment, education, and the provision of goods, facilities and services and in the disposal or management of premises. It also prohibits discrimination in employment against married people. It is not unlawful to discriminate against someone because they are not married. Victimisation because someone has tried to exercise their rights under the SDA or Equal Pay Act is prohibited.
The SDA applies to women and men of any age, including children.
Discriminatory advertisements are unlawful but only the Equal Opportunities Commission can take action against advertisers.
There are some general exceptions to when sex discrimination is unlawful. The main exceptions are:
When a charity is providing a benefit to one sex only, in accordance with its charitable instrument.
When people are competing in a sport in which the average woman is at a disadvantage to the average man because of physical strength, stamina or physique.
In insurance where the discriminatory treatment reasonably relates to actuarial or other data.
The SDA applies to England, Wales and Scotland.
Disability Discrimination Act 1995
The Disability Discrimination Act (DDA) aims to end the discrimination which many disabled people face. This Act gives disabled people rights in the areas of:
employment
access to goods, facilities and services
buying or renting land or property.
The employment rights and first rights of access came into force on 2 December, 1996; further rights of access came into force on 1 October, 1999; and the final rights of access will come into force in October 2004.
In addition this Act:
allows the Government to set minimum standards so that disabled people can use public transport easily.
The Act defines a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities."
