There are two main elements of sex discrimination. One is when a woman is treated unfavorably compared to man and this treatment is meted out only because of gender. This element of sex discrimination can also occur to a man if he is treated unfavorably compared to his female co-workers.

The second element of sex discrimination is marriage discrimination. Here the married man or woman is treated unfairly just because of their marital status. In other words, the unmarried men and women are treated more favorably compared to married men and women.

Employees who feel they are discriminated can file a case. The 1975 Act recognizes that some jobs require a particular gender for effective performance. It includes cases where a man is required as he is likely to interact with other men who might object to a woman doing a particular task. The Act does not cater to pregnant women or women on maternity leave. Discrimination on the grounds of pregnancy is covered under the Equal Treatment Directive and Pregnant Workers Directive.

However, the Sex Discrimination Act 1975 Act lays the onus of proving the discrimination on the complainant. Once this is done, the right authority will then deduce whether the respondent had committed the act or not. In most cases, the complainant will win if the respondent is unable to furnish adequate proof in his or her defense.

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