The Equality Act (Sexual orientation) Regulations 2007 along with the goods and services act of the same year now offer protection to everybody regardless of their sexual oriientation and make it unlawful for companies to discriminate against anyone in their capacity as an employer or as a provider of goods and services.
If an employer gives benefits to opposite sex unmarried partners (e.g.the employees opposite sex partner is able to drive the company car),then refusing the same benefits to same sex partners could be defined as discrimination. The main pieces of legislation, and best practice that we recommend you familiarise yourself with are:
SEX DISCRIMINATION ACT 1975 (PLUS AMENDMENTS)
Since 1st May 1999 an amendment to the Sex Discrimination Act 1975 has meant that individuals have had the right not to be discriminated against because they are proposing to undergo, are undergoing or have undergone gender reassignment processes.
GENDER RECOGNITION ACT 2004
This Act gives legal recognition in their acquired gender to transsexual people who satisfy the Gender Recognition Panel that they meet the necessary requirements. Following a successful application, a transsexual person will acquire the rights and responsibilities of their acquired gender from the date of recognition.
GENDER EQUALITY DUTY
Since 30th April 2007 organisations have been required to have a Gender Equality Scheme. The Duty affects public bodies and private bodies carrying out public functions. This now means that employers cannot just react to complaints but must take steps to proactively promote equality between women and men. See above for how this affects transsexuals.
THE EQUALITY ACT (SEXUAL ORIENTATION) REGULATIONS 2007
As a provider of either goods or services you will no longer be able to discriminate against someone on the grounds of their sexual orientation. For example if you run a B & B you cannot refuse a gay couple a double room as this is direct discrimination, likewise you cannot refuse anyone service in bars, restaurants etc based on their sexual orientation. This law applies equally amongst gay and straight venues.
EMPLOYMENT EQUALITY (SEXUAL ORIENTATION) REGULATIONS 2003
This legislation outlaws direct and indirect discrimination, harassment and victimisation in employment and vocational training on the grounds of sexual orientation.
POSITIVE SEXUAL ORIENTATION DISCRIMINATION
Obviously, discrimination is never positive and should be dealt with swiftly and appropriately regardless of the type of discrimination. However, there are exceptions to every rule!
One of the few examples where this could be would be an organisation that focuses its work around domestic violence support services for LGBT people.
It could be identified that an LGBT worker was required and the organisation could advertise a post specifically requesting for LGBT applicants, having identified that a specific sexual orientation was a requirement for the post to understand the needs of that specific group of people. You also must remember that the legislation also includes heterosexuals.
Therefore, if a heterosexual woman was turned away from a gay nightclub simply because she is ‘straight~ it is clearly unlawful sexual orientation discrimination. It is both unlawful and unfair to turn customers away because of their sexual orientation; it is also unlawful to advertise in a way that implies that customers of a particular sexual orientation are unwelcome.
It is not unlawful to promote goods or services in a way that states they would be of more interest to a specific sexual orientation. There is currently also one contentious ‘caveat’ to the new goods and services legislation around adoption.
Until Christmas 2008, religious adoption agencies are permitted to discriminate against same-sex couples; Cardinal Murphy O’Connor had publicly threatened to close Catholic adoption agencies unless the Government exempted them from the goods and services regulations, allowing them to turn lesbian and gay couples away.
|
