Sex discrimination directive to finally be introduced

After much delay, the sex discrimination (indirect discrimination and burden of proof) regulations 2001 are due to come into force on 12 October 2001. They make two changes to the Sex Discrimination Act 1975:

First, a section 63A has been inserted. This provides that where an applicant proves a case of discrimination, the tribunal SHALL uphold the complaint of discrimination unless the defendant proves that he did not commit the act. In other words, the burden of proof formally shifts from the accuser to the defendant.

Secondly, the definition of indirect discrimination will be amended from making it unlawful to impose an unjustifiable "requirement or condition" to making it unlawful to impose an unjustifiable "provision, criterion or practice". It is not thought that this will not make a significant difference.
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