Sexual Orientation Discrimination Law
by Waqar Azmi OBE
New Employment Equality Law Explained
The new Employment Equality (Sexual Orientation) Regulations 2003 came into force on 1st December 2003 prohibiting discrimination [direct or indirect], harassment and victimisation on grounds of sexual orientation in employment and vocational training.
The regulation protects all people from sexual orientation discrimination - lesbians, gay men, bisexuals and heterosexuals/straight people in all areas of employment: during the recruitment process, in the workplace, on dismissal and, in certain circumstances, after the employment has finished. The rules apply to terms and conditions, pay, promotion, transfers, training and dismissals.
Who is protected?
The law also safeguards those who suffer because of the sexual orientation of their family and friends. But those who undergo treatment to change their sex are not protected under this law, as gender reassignment is a separate issue unrelated to sexual orientation and protected by the Sex Discrimination (Gender Reassignment) regulations 1999.
The regulation covers amongst others, all employers, employment agencies, qualification bodies and providers of vocational training. However, there are exceptions and discrimination is allowed in some areas. For example, where there is a genuine reason for requiring an employee to be of a particular sexual orientation such as by religious bodies because of a religion’s doctrine or the ‘strongly held religious convictions of a significant number of the religion’s followers’.
Similarly, an organisation advising on and promoting gay rights may be able to show that it is essential to the credibility of its chief executive who will be the public face of the organisation that he or she should be gay.
What to do if you have been Discriminated Against
Those who feel they may have been discriminated against because of their sexual orientation can submit a complaint to an employment tribunal or a county court. However, the burden of proof lies on the employer.
This means that rather than the employee proving there has been discrimination, the employer has to demonstrate s/he has not violated the law - so employers may be held liable, unless they can prove that they took reasonable steps by integrating equality and diversity into everything they do, providing training to staff and carrying out diversity recruitment to prevent discrimination
For further information visit:
ACAS website at http://www.acas.org.uk or contact on 08457 474747
TUC website at http://www.worksmart.org.uk
DTI website at http://www.dti.gov.uk/er/equality/index.htm
Stonewall website at http://www.stonewall.org.uk
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