Preventing discrimination in making board appointments The provisions of the Act apply to all methods of recruitment and all stages of the process of appointing to company boards. Discrimination may in: ) description or person specification any the gender of the candidate and impactings, and . Direct sex discrimination Equality law does not permit positive discrimination. An example of this be selecting a person for the role because of their gender, which will constitute direct sex discrimination, unless an exception applies. The only relevant exceptions in this context are the positive action provisions. Direct sex discrimination will occur where a man or a woman is treated more favourably in a board appointment process than a person of the opposite sex and the reason for the difference in treatment is gender. For example, it is unlawful to decide not to shortlist or appoint a female candidate simply because of her gender, due to assumptions about women’s aspirations, confidence, family commitments or capabilities. A is under no obligation to declare her pregnancy in a board recruitment process. If she volunteers that information, it is direct discrimination to take it into account in deciding her suitability for the role. Indirect sex discrimination Indirect sex discrimination will occur where a company or its agent applies a provision, criterion or practice which puts women at a particular disadvantage in comparison to men and the provision, criterion or practice cannot be justified. In order to justify indirect discrimination, companies need to show that the aim of the provision, criterion or practice is legitimate and that the provision, criterion or practice
Preventing discrimination in making board appointments The provisions of the Act apply to all methods of recruitment and all stages of the process of appointing to company boards. Discrimination may in: ) description or person specification any the gender of the candidate and impactings, and . Direct sex discrimination Equality law does not permit positive discrimination. An example of this be selecting a person for the role because of their gender, which will constitute direct sex discrimination, unless an exception applies. The only relevant exceptions in this context are the positive action provisions. Direct sex discrimination will occur where a man or a woman is treated more favourably in a board appointment process than a person of the opposite sex and the reason for the difference in treatment is gender. For example, it is unlawful to decide not to shortlist or appoint a female candidate simply because of her gender, due to assumptions about women’s aspirations, confidence, family commitments or capabilities. A is under no obligation to declare her pregnancy in a board recruitment process. If she volunteers that information, it is direct discrimination to take it into account in deciding her suitability for the role. Indirect sex discrimination Indirect sex discrimination will occur where a company or its agent applies a provision, criterion or practice which puts women at a particular disadvantage in comparison to men and the provision, criterion or practice cannot be justified. In order to justify indirect discrimination, companies need to show that the aim of the provision, criterion or practice is legitimate and that the provision, criterion or practice