PROVING SEX DISCRIMINATION IN THE WORKPLACE

Abstract

Aims to illustrate the difficulties faced by applicants in proving claims of sex discrimination in industrial tribunals. Argues that whilst the more blatant instances of discrimination and prejudice may now be less likely to occur, more subtle and often subconscious forms of sex stereotyping still operate to the disadvantage of working women. Uses recent tribunal decisions to demonstrate an increasing awareness of the problems of proof of discrimination, and an acceptance that inferences of discrimination may be drawn where direct evidence is lacking. Discusses in some detail the case involving the Merseyside Assistant Chief Constable, highlighting the novel use of expert testimony on sex stereotyping and pointing out the significance of such cases for employers. Concludes by suggesting that, despite legal developments, women are unlikely to make significant progress to equality through the use of the law.

Citation

Earnshaw, J. (1993), "PROVING SEX DISCRIMINATION IN THE WORKPLACE", Women in Management Review, Vol. 8 No. 7. https://doi.org/10.1108/09649429310046418