Sexual discrimination

Your rights

Sexual Orientation
Discrimination on grounds of Sexual Orientation

In December 2003, the Sexual Orientation Regulations came into force. They cover discrimination, harassment and victimisation in work and vocational training. They make it unlawful to deny people jobs because of prejudice about their sexual orientation. They enable individuals to take prompt and effective action to tackle harassment, and enable people to have an equal chance of training and promotion, whatever their sexual orientation. The Regulations also cover perceived sexual orientation and association, i.e. being discriminated against on grounds of the sexual orientation of those with whom you associate (for example, friends and/or family). 

Sex Discrimination can be direct or indirect.

What is direct discrimination?

When a person is treated less favourably on account of their sex in relation to recruitment, selection, training, promotion, selection for redundancy etc.

What is 'indirect discrimination'?

When an employer imposes a requirement, condition or practice which fewer persons of one sex can fulfil. For example, a requirement to be above a certain height (which fewer women than men could fulfill).  

What rights do I have?

Employers must not discriminate against you because of your sex or because you are married, because you have undergone (or intend to undergo) gender reassignment or because of your pregnancy or maternity leave. Harassment at work is also unlawful.

This applies to recruitment, your treatment in your job, chances for promotion and training, dismissal or redundancy. Employers must not label jobs 'for men' or 'for women' except in some very special circumstances: a person's sex can be considered a 'genuine occupational qualification' in jobs such as acting or for reasons of privacy and decency.

Employers must not discriminate against you on the basis of sex, in relation to your pay. For example, if you and another colleague of the opposite sex are doing the same job but you are paid less then you have a right to equal pay – unless the employer can show there is a genuine reason for the pay difference which is not based on sex.

Advertisements must not show that the employer intends to discriminate unlawfully.

You are protected by the law in case you are victimised for trying to exercise your rights under the sex discrimination legislation.

>> More on sex discrimination

>> Tribunal claims

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