When and where could discrimination take place?

Discrimination on the grounds of sexual orientation occurs in many situations, and is usually unlawful.

Regulations are in force that prohibit discrimination in the workplace, including harassment, on grounds of sexual orientation.

Acas (the Advisory, Conciliation and Arbitration Service) has published a useful guide for employers and employees on sexual orientation in the workplace, which explains the Employment Equality (Sexual Orientation) Regulations 2003.

Regulations are also in force that prohibit discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises and the exercise of public functions.

The Department for Communities and Local Government has produced a guide to these regulations.

Working and earning

Employers have a positive duty to treat people equally in terms of recruitment, training, promotion and dismissal.

Example
While being interviewed for a promotion, an applicant says that she has a female partner. Although she has all the skills and competences required for the position, the organisation decides not to offer her the promotion because she is a lesbian. This is unlawful direct discrimination.

Example

James applied for a number of training courses offered by his company. All of the courses were relevant to his job and essential for access to promotion opportunities. His manager refused on each occasion, saying that he could not spare the time away from his usual work. However, the same manager regularly allowed other colleagues to go on training courses. As a result, several gained promotion. James overheard his manager say that gay people should not work for the company and he would never send James on training. This is direct discrimination.

Example

Maria is a lesbian who decided not to come out to colleagues because she often heard them telling jokes that poke fun at other people, including lesbians and gay men. Maria was ‘outed’ at work by a colleague, who told everyone she is a lesbian because he saw her holding hands with another woman. She was summoned to her manager’s office, to be told she was being moved to another section because he could not work with a lesbian.

This is unlawful direct discrimination from her manager. It is also harassment from colleagues, both because she was outed as a lesbian and because of the discriminatory jokes to which she was subjected.

If you work in an environment where people tell jokes about different sexual orientations that you find offensive, or where people are picked on because of their perceived sexual orientation, this could be harassment.

If you have made a complaint about sexual orientation discrimination and you are subsequently treated badly because of having complained, this is unlawful victimisation.

Learning and Training

It is unlawful to discriminate on grounds of sexual orientation when providing education or training. The opportunity to learn and receive training is open to all, and educational providers are required to treat everyone equally in making this available. This means, for example, that homophobic bullying in schools and colleges must be taken seriously and dealt with as firmly as bullying on any other grounds.

Example
John was bullied in school by other pupils who thought he was gay. He complained to his teacher, who did nothing to deal with the bullies. When he was beaten up by the bullies, John was so frightened that he refused to return to school. This could be direct discrimination.

Example
The daughter of a gay couple was bullied at school because of her parents’ sexual orientation. The parents complained to the teacher, who said it was ‘just teasing’ but she would ask the children to stop. The bullying did not stop, even though bullying on other grounds was taken seriously and dealt with firmly by the school. This could be direct discrimination related to her parents’ sexual orientation.

Shops, services, clubs and associations

Everyone has an equal right to access shops and services, and to be treated with fairness and respect, whatever their sexual orientation.

Example
Two men are refused a hotel room with a double bed, although one is available, because the hotel says it is against their policy to allow adults of the same sex to share a bed. This is unlawful direct discrimination.

Example
If a loan company refused to give loans to customers who have had an HIV test, this could be indirect discrimination against gay men, who may be more likely than others to have had such a test.

Care and healthcare

Providers of health and social care have a responsibility not to discriminate against anyone, including lesbians, gay men and bisexual people.

Example
A couple is refused fertility treatment because they are lesbians. This is direct discrimination.

Example
A doctor strikes a patient off his list because he comes out as a gay man. This is direct discrimination.

Housing and property

Whatever your sexual orientation, you have a right to be treated equally by local councils and housing providers. Your rights to own and enjoy your property are also set out in the Human Rights Act 1998.

Example
Simon is a bisexual man living in local authority housing. He is in a same-sex relationship with another man, who does not live with him. Simon is being harassed about his sexual orientation by neighbours. He has been verbally abused and his windows have been smashed. He has reported the abuse to his housing officer and has asked to be re-housed, but the council refuses to accept this as a valid reason. The housing officer tells Simon to report any incidents to the police and takes no further action. This is direct discrimination.

Justice and the legal system

Everyone has the right to a fair trial and equal treatment under the law.

Example
A lesbian reports same-sex domestic violence to the police but they do not take her complaint seriously. They do not believe that a woman can experience domestic violence from another woman. This is direct discrimination.

Public services

All public authorities are required to provide services to all communities and individuals without discrimination. Any organisation or individual doing work of a public nature could be considered a public authority, so private and not-for-profit organisations that are delivering public services are sometimes public authorities. The section called ‘Rights in different settings’ contains further details of many public services.

Example
A religious group has a contract with a local authority to provide a meals-on-wheels service. A member of the group, who is a volunteer, refuses to deliver meals to a gay man because of his sexual orientation. The group’s director tells the volunteer that he must deliver the meals to everyone who needs them, regardless of their sexual orientation. The volunteer refuses because this conflicts with his strongly held religious conviction that same-sex relationships are wrong. The director tells the volunteer that he cannot continue to participate in the meals-on-wheels service.

For more information about equality and your rights in each of these areas – and what to do if you feel you have been treated unfairly – go to the Rights in different settings page.