The Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001

These Regulations came into force on 12 October amending the Sex Discrimination Act 1975 in order to comply with the European Directive on the burden of proof. The Act, as amended, makes it clear that the applicant must establish facts which constitute a case of sex discrimination on the face of it and that the burden of proof then shifts to the respondent to show that there is a non-discriminatory reason for the employers’ actions. ‘Indirect discrimination’ is redefined to cover the application of a ‘provision, criterion or practice’ which, although apparently neutral, disproportionately disadvantages one sex more than the other without being objectively justified.