Sexual Orientation Discrimination

What is sexual orientation discrimination?

This is when you are treated differently because of your sexual orientation. Sexual orientation is also know as sexuality.

What protection does the Equality Act offer?

How is sexual orientation defined?

The Equality Act defines Sexual orientation as:

• orientation towards people of the same sex (lesbians and gay men)
• orientation towards people of the opposite sex (heterosexual)
• orientation towards people of the same sex and the opposite sex (bisexual).

The law applies equally whether someone is a lesbian, gay man, heterosexual or bisexual. You are also protected if someone thinks you have a particular sexual orientation (this is known as discrimination by perception) or you are connected to someone who has a particular sexual orientation (this is known as discrimination by association)

In the Equality Act, sexual orientation includes how you choose to express your sexual orientation, such as through your appearance or the places you visit.

Who can make a claim for sexual orientation discrimination?

The protection against sexual orientation discrimination is offered to job applicants, all employees, trainees, contract workers, office holders, consultants and individuals who are self-employed.

What is protected by the Equality Act?

The law is designed to protect individuals from sexual orientation discrimination in the workplace in all aspects of employment, including:-

• dismissal
• employment terms and conditions
• pay and benefits
• promotion and transfer opportunities
• training
• recruitment
• redundancy

Types of sexual orientation discrimination

There are four main types of discrimination.

1. Direct discrimination
2. Indirect discrimination
3. Harassment
4. Victimisation

What is direct sexual orientation discrimination?

This happens when someone treats you worse than another person in a similar situation because of your race. For example an employer chooses not to offer you a job because it does not wish to have disabled people in their workplace.

Direct disability discrimination falls into three types. If you are treated less favourably of because of:

• their own race (ordinary direct discrimination)
• their perceived race (direct discrimination by perception)
• their association with someone of a particular race (direct discrimination by association).

What is indirect sexual orientation disability discrimination?

Indirect race discrimination happens when an employer has a particular  policy, practice, procedure or workplace rule that applies to everyone but which puts people of a particular race at a disadvantage.

Indirect race discrimination can be permitted (in limited circumstances) if the employer is able to show that there is a good enough reason for the policy. This again is known as objective justification. The employer would need to be able to prove this in the tribunal, if necessary.

Sexual orientation discrimination by association

It’s unlawful to discriminate against you because someone you’re with or someone you know belongs to a certain racial group. This could be a parent, child, partner or friend.

Sexual orientation discrimination by perception

It’s against the law if someone discriminates against you because they think you belong to a certain racial group even though you don’t.

Harassment

When unwanted conduct related to a person's sexual orientation causes a distressing, humiliating or offensive environment for that person.

Harassment can never be justified. However, if an organisation or employer can show it did everything it could to prevent people who work for it from behaving like that, you will not be able to make a claim for harassment against it, although you could make a claim against the person who committed the harassment.

Victimisation

This is when you are treated badly because you have made a complaint of sexual orientation discrimination under the Equality Act. It can also occur if you are supporting someone who has made a complaint of sexual orientation discrimination.