This section explains the legislation in
relation to sexual orientation discrimination.
Sexual orientation discrimination key points
- Sexual orientation discrimination legislation
covers discrimination relating to heterosexuals, homosexuals and
bisexuals.
- Direct sexual orientation discrimination is
treating someone less favourably because of their sexual
orientation. This includes treating someone less favourably due to a perception of their sexual orientation, or because they associate with someone of a particular sexual orientation.
- There are Occupational Requirements which
allow for treatment which might otherwise appear to be
discriminatory - these include specific exemptions relating to
religion and marital status/civil partnership status.
- Indirect sexual orientation discrimination is when
a provision, criterion or practice (PCP) is applied to all but which:
- disadvantages a group of
one sexual orientation more than the other
- causes the individual employee a
disadvantage
- is not "a proportionate means of achieving a legitimate
aim".
- Harassment is defined as unwanted conduct on the
grounds of sexual orientation which has the purpose or effect of
violating a persons' dignity, or of creating an intimidating,
hostile, degrading, humiliating or offensive
environment.
- Third party harassment comes from a non-employee, a customer for example. The employer is liable for third party harassment if it occurs on at least two occasions, the employer knows it has happened and has done nothing to stop it happening.
- Victimisation is treating someone less favourably
because they have brought a claim of discrimination or supported
someone who has brought a claim.
- Remedies for a successful discrimination claim
include a declaration, recommendations and compensation.
- Employers are advised to follow good practice,
although they remain vicariously liable for the actions of their
employees.
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