Sexual Orientation Discrimination

It is unlawful to discriminate in the employment field on the grounds of sexual orientation (either the complainant’s or someone else’s – e.g. teasing someone because their sister is a lesbian.)

This includes perceived sexual orientation (e.g. teasing someone because they are thought to be gay.) It would also include for example picking on someone who was known to be heterosexual by teasing them about being gay.

Discrimination may take any of the following forms:

Direct discrimination - where someone is treated less favourably on grounds of sexual orientation

Indirect discrimination - where an employer implements a rule or procedure that applies to everyone but adversely affects people of a particular sexual orientation and cannot be justified e.g. requiring job applicants for a Helpline for people of a particular sexual orientation to be of that orientation themselves if this is not genuinely a necessary requirement of the job.

Victimisation - where an employer treats someone differently because they have made or assisted in making a complaint about discrimination.

Harassment- where because of sexual orientation an employer behaves in such a manner (or allows others to do so) so as to violates someone’s dignity or to create an intimidating, hostile, degrading, humiliating or offensive workplace.

You can be liable for the discriminatory acts of your employees even if they were done without your knowledge. You can even be liable for the acts of third parties if you know they are happening and do not put a stop to them.

The sexual orientation discrimination legislation applies to both employees and job applicants and the damages are potentially unlimited. If the Claimant proves fact from which discrimination could be found unless there is a good explanation to the contrary, the burden is for you to prove you are innocent!