Sexual Orientation Discrimination

Until recently a lesbian, gay or bisexual employee was not protected from discriminatory treatment but this changed with the introduction of the Employment Equality (Sexual Orientation) Regulations 2003 (‘Sexual Orientation Regulations 2003’).

It is against the law for your employer to discriminate against, victimise or harass you because of your sexual orientation, or your perceived sexual orientation.

You are protected against sexual orientation discrimination if:

  • you are lesbian, gay, bisexual or heterosexual
  • people think you are gay, lesbian or heterosexual when you are not
  • you have gay friends or visit gay clubs

Protection against discrimination begins when you apply for a job and continues throughout your employment. You are protected in relation to:

  • recruitment
  • terms and conditions of employment (including benefits such as pensions)
  • pay
  • employment status (eg if you are a worker or an employee)
  • training
  • promotion and transfer opportunities
  • redundancy
  • dismissal

If you work with a colleague who has strong views on your sexual orientation because of their religion, this does not mean they can bully or harass you.

If your employer asks you for details about your sexual orientation, which they may do either for monitoring purposes or as part of an equal opportunities questionnaire, you are not obliged to give this information.

There are four types of discrimination:

  • direct discrimination - where on the grounds of your sexual orientation, a person treats you less favourably than he or she would treat other people.
  • indirect discrimination - when your employer imposes a specific provision, criterion or practice which places you and other people of the same sexual orientation as you at a particular disadvantage.
  • victimisation - when you are treated less favourably than someone else because you have made a complaint or given evidence in relation to an act of discrimination.
  • harassment - unwanted conduct which has the purpose or effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive workplace environment for you.

If you believe you are being discriminated against on the ground of your sexual orientation, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any sexual orientation issues you may have. Please contact us for an initial free consultation.

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