Its unlawful for an employer to discriminate against an employer/worker because of their sexual orientation;
- 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).
Direct Discrimination
This happens when somebody treats you less well than another person of a different sexual orientation on account of your own sexual orientation. The law applies to employment and recruitment as well as the provision of goods and services.
Example
Promoting a lesser heterosexual candidate over a better homosexual candidate.
Indirect Discrimination
An employer can potentially discriminate indirectly – to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation, unless it can be objectively justified; for example a occupational requirement and crucial to the post. An example of this could be a particular policy for maternity / paternity leave does not apply to same sex couples.
Example
If your company arranges a Christmas dinner where only husbands and wives of employees are invited.
Harassment
Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment as a result of your sexual orientation. The law also protects you from being harassed as a result of your actual or perceived sexual orientation or by association with another person of a particular sexual orientation.
Example
A work colleague constantly makes jokes that you are lesbian due to your short hair.
Victimisation
If you are victimised as a result of pursuing a grievance/complaint against someone discriminating against as a result of your sexual orientation (or perceived sexual orientation) you can also bring a claim.
Example
You are not invited to a weekend work training retreat because you pursued a grievance against your employer in respect of your sexual orientation.
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