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Sexual orientation discrimination is when a person is treated differently because of their gender identity or sexual preference.
The Equality Act 2010 states you must not discriminate against a person because:
· They’re heterosexual, gay, lesbian, or bisexual.
· They are connected to someone who has a particular sexual orientation. (This is known as discrimination by association).
· Someone thinks they have a particular sexual orientation. (This is known as discrimination by perception).
Under the Equality Act 2010, there are cases where some forms of discrimination are allowed. For example, discrimination isn’t illegal if there’s a real risk to a person’s health, safety, or property, or legal rights.
Yes, sexual orientation discrimination claims can be raised to an employment tribunal. This statutory right applies to employees, workers, job applicants, and even former employees.
Technically, employers can ask an employee about their sexual orientation. However, they’re not legally obliged to answer. And they cannot face any form of prejudice or discrimination due to their decision.
It doesn’t matter what a person’s employment status is or how long they’ve worked for you… All employees are protected from unlawful, unfavourable treatment during work. This is known as ‘discrimination’.
Objective justifications are accepted workplace rules or policies that may otherwise be discrimination. Read on to find out more.
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Research by the Trade Union Congress (TUC) found that 52% of people faced at least one form of workplace bullying, harassment, or discrimination connected to their sexual orientation.
This month marks the start of LGBT+ History Month, employers must remember their legal responsibility when it comes to eliminating discrimination at work – including sexual orientation. This doesn’t just cover your legal duty, but also an ethical one owed to your workforce.
Without properly managing this form of workplace discrimination, employers could end up facing serious consequences. Like, tribunal attendance, financial penalties, reputational damage, and business disruption. For further advice, contact one of our expert HR consultants free of charge today.
In this guide, we’ll look at what sexual orientation discrimination is, what the law covers, and how to prevent such misconduct from happening in your workplace.
What is sexual orientation discrimination?
Sexual orientation discrimination is when a person is treated differently because of their gender identity or sexual preference.
The term ‘sexual orientation’ describes a person’s enduring physical, romantic, and/or emotional attraction to another person. This includes:
People of the same sex (lesbian or gay).
People of the opposite sex (heterosexual).
People of either sex (bisexual).
Discrimination against sexual orientation is unlawful because it’s one of nine protected characteristics. Whether it happens once, repeated, or with or without intent – this type of misconduct is unlawful (except in certain circumstances).
What is the law on sexual orientation discrimination?
The Equality Act 2010 states you must not discriminate against a person because:
They’re heterosexual, gay, lesbian, or bisexual.
They are connected to someone who has a particular sexual orientation. (This is known as discrimination by association).
Someone thinks they have a particular sexual orientation. (This is known as ).
The Equality Act 2010 also states sexual orientation can include how a person chooses to express themselves. For example, through their appearance or the places they visit.
Who is protected from sexual orientation discrimination?
In the workplace, protection from sexual orientation discrimination applies to:
Employees.
Workers.
Job applicants.
Former employees.
Contractors and self-employed people. (This applies if they’re personally hired to do work for the business).
Are there different types of sexual orientation discrimination?
Yes, there are many different types of sexual orientation discrimination. Let’s look at each one with a relevant workplace example:
: A male job candidate speaks about his husband. The employer decides not to offer him the role, despite being the most qualified candidate.
: A business’s policy on family leave doesn’t outline the same rights for same-sex couples.
: A lesbian employee often faces unwanted name-calling and jokes related to her sexuality at work.
Victimisation: A bisexual employee faces unwanted remarks on their sexuality and reports the incident to their manager. The employer then threatens them with job termination if they don’t retract their grievance.
Are there cases where sexual orientation discrimination is allowed?
Under employment law, there are cases where some forms of sexual orientation discrimination can be allowed. For example, a religious organisation may decide not to hire homosexual candidates as it goes against their religious beliefs.
In other cases, sexual orientation may be crucial for a role. For example, an LGBT helpline may want to recruit candidates who have experience with coming out. Hiring them based on their sexual orientation could class as .
Get expert advice on preventing sexual orientation discrimination with Peninsula
Nobody should face prejudice or discrimination due to their sexual orientation. It’s part of our gender identity that helps define us as individuals. Not to mention it’s a protected characteristic within the law – which must be protected at all costs, even in the workplace.
Peninsula offers expert advice on preventing sexual orientation discrimination. Our 24/7 HR advice is available 365 days a year. Want to find out more? Book a free chat with one of our HR consultants. For further information, call 0800 051 3685.
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