ABSTRACT

Examiners tend to set essays in this area which focus not only on the provisions of the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995, but also on the relevant European Union (EU) provisions. The Sex Discrimination Act and the Race Relations Act have recently been amended as a result of the implementation of EU Directives, with a view to improving the position of individual applicants who are bringing claims. Discrimination on grounds of sexual orientation in employment is covered from December 2003 by the Employment Equality (Sexual Orientation) Regulations 2003 implementing European Council Directive 2000/78/EC. Discrimination in employment, but also in other spheres, on this ground can also be addressed in certain circumstances by using the Human Rights Act (HRA) 1998. The new Regulations and the use of the HRA in this way are new and very significant developments.