Employment equality sexual orientation


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Employment Equality (Sexual Orientation) Regulations 2003




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Under the regulations, gender reassignment is a separate issue and unrelated to sexual orientation despite a common misunderstanding that the two issues are part of the same picture.

People who undergo treatment to change their sex are protected under the Sex Discrimination Gender Reassignment regulations What about benefits for same sex partners? If benefits specify "married" partners or "spouse", they do not have to be extended to cover unmarried partners. Exceptions The main exception to the regulations is discrimination where there is a genuine occupational requirement GOR. For example, 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.

The sexual orientation of the holder of that post may therefore be a genuine occupational requirement. The regulations also permit differences of treatment on grounds of sexual orientation where the employment is for the purposes of an organised religion.

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Any organisation wishing to rely on this provision will also need to establish that the requirement is necessary to comply with religious doctrine or to avoid conflicting Employment equality sexual orientation the strongly held religious convictions of a significant number of the religion's followers. The TUC is coordinating a judicial review of two exemptions to the new law that will allow discrimination on religious grounds and will deny the same-sex partners of employees the right to benefits given to married partners of staff. An initial hearing is expected early in the new year. If the employee is limiting who they tell, they also need to decide whether they want those people to keep the details of their sexual orientation confidential.

If someone reveals a person's sexual orientation to others against that person's will, this may be seen as: Harassment because of Sexual orientation Harassment because of sexual orientation can take many different forms. It could be a verbal or written comment, what somebody thinks is a 'joke', exclusion from conversations or activities, violence or the threat of violence. An employee's complaint of this nature should be taken seriously and the employer should take care to listen to their concerns. It should also be mindful that this type of complaint can be difficult for the individual to discuss.

It is important for an employer to deal with this type of complaint, not only because of its legal obligations, but also because there could be knock-on effects. Should a colleague make a complaint that they have been discriminated against because of their sexual orientation, employers should investigate and take appropriate action, which may include disciplining the relevant employees. Failure to do so may result in the employers and individual employees in question facing a tribunal claim for unlawful discrimination. Company benefits available to married couples, such as private healthcare, do not have to be extended to same sex couples, because the difference is based on their marital status and not their sexual preference.

Sexual orientation equality Employment

However, you do need to ensure that if benefits are provided to unmarried, different-sex couples, the same benefits are available to same-sex couples. If employers treat orlentation individual less favourably than others, only as a result of their sexual orientation, this would be classed as discrimination unless there was a legitimate business fquality and occupational requirement. For instance, it would be legitimate not to recruit a homosexual if a role required someone who can provide sex counselling to married couples. The regulations make it illegal to discriminate in matters of employment and vocational training on the grounds of religion or similar beliefs.

Indirect discrimination is also prohibited, whereby an employee with a particular religion or belief is disadvantaged over another employee. The individuals responsibility is to raise the issue appropriately whilst respecting the wishes of the person concerned and their right to confidentiality. In addition, any member of the University community either staff or student found to be responsible for inciting, perpetrating or colluding with discrimination or harassment will face disciplinary action.

Both the University and individuals can be held liable if a person undertakes legal proceedings on these grounds. This could result in both the University and an individual being ordered to pay compensation. Where can I get more information?


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