Legislation
EHRC updates guidance on discriminatory adverts
Date
Effective now
Summary
The Equality and Human Rights Commission (EHRC) published updated guidance in July 2024, reminding employers that placing or publishing a discriminatory advert is unlawful under the Equality Act 2010.
This main aim of the updated guidance was to provide clarity on sex, and it remains relevant. Examples include adverts using job titles or descriptions for job vacancies, such as waitress or postman.
However, its clarification that sex means “legal sex” – namely the sex recorded on a birth certificate or gender recognition certificate (GRC) has, and continues to, cause debate, with concerns being raised that the latter means a biological male who has legally changed their sex can be recruited to a “female role.”
Objectors state that this means that women in organisations such as rape crisis centers are waiving their need for privacy and safety.
The Labour government has therefore been called to review the current situation.
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