california employment labor law

Proposed amendments to the Sex Discrimination Act (" SDA ") 1975 and the Equal Pay Act (" EPA ") 1970 under the amended Equal Treatment Directive (2002/73/EC) on 1 October 2005. To ensure that your company's policy in line with the proposed reforms please contact enquiries@rtcoopers.com.

The proposed amendments to the Act will apply to all employers and providers of vocational education:

From 1 October 2005, there will be a new definition of indirect sex discrimination in matters of employment and vocational education. Indirect sex discrimination will occur where an apparently neutral provision, criterion or practice which applies to all workers or applicants causes particular disadvantage to certain sections of women or men. To avoid or successfully against a complaint of indirect sex discrimination, employers will have to justify that a provision, criterion, practice or policy that it employs, and the causes of such disadvantage, a corporate goal and is an appropriate means to achieve this goal.

For the first time, there is a cause of action under the SDA for harassment on the grounds of the complainant's sex. The new provision applies to employment and vocational training only. New provisions are specifically included to ensure that women from discrimination on grounds of pregnancy.

The geographical coverage of the SDA and EPA were expanded so that they are now the employees who work for organizations outside the United Kingdom of Great Britain (GB) in relation to the recruitment and conditions, pay, promotion, transfers and dismissals.

An employer has the right to refuse to perform a particular task, someone who intends to undergo, was in or had undergone gender reassignment. Such refusal must be reasonable. The SDA-protection is on the guidance and unpaid practical work experience.

The SDA will be amended so that a time limit to eight weeks for the employer or training company, for example, to complete the questionnaire in cases of discrimination or harassment in employment and vocational training. The proposed amendments to the law for certain employers, certain providers of vocational education and those who appoint office holders:

An exception in the SDA, which permitted, partnerships and trade unions to discriminate on grounds of sex in the provision of death and retirement benefits to their partners and the members or be removed. There are now more protection from discrimination to office holders.

The ministers of religion are now by the SDA, not only when they are employees, but also when they are public officials. If you require further information please contact us.

E-mail: enquiries@rtcoopers.com

© RT Coopers, 2005. This background information is not a comprehensive or complete statement of the law on the issues can not be considered legal advice. It is only on general issues. Specialist legal advice should always be sought in relation to the particular circumstances.

Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specializes in employment law including advising employers and employees on redundancies, dismissals, discrimination, grievance and disciplinary procedures, suspensions and breach of contract claim. The firm represents clients before the labor court.

Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com