Sexual orientation discrimination

The Employment Equality (Sexual Orientation) Regulations 2003 came into effect in December 2003 making discrimination on the grounds of sexual orientation unlawful.  Sexual orientation is defined as having a sexual attraction to :-

• persons of the same sex (gay men and lesbians)
• persons of the opposite sex (hetrosexual)
• persons of both sexes (bisexual)

The Act provides protection in the following circumstances :-

Direct discrimination

This makes it unlawful to treat a person less favourably on grounds of sexual orientation.

Indirect discrimination

This occurs where an employer treats a person less favourably by applying a provision, criterion or practice which puts that person at a particular disadvantage when compared with other persons and where the employer cannot show it to be a proportionate means of achieving a legitimate aim.     

Harassment on grounds of sexual orientation

This occurs on grounds of sexual orientation where an employer subjects a worker to unwanted conduct which has the purpose or effect of :-

• violating the worker's dignity; or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker

Victimization

This makes it unlawful to treat a person less favourably because of having made a complaint of sexual orientation discrimination under the Regulations.

Please contact us for further information.