Employment Law Explained

Discrimination on Grounds of Sex or Sexual Orientation

The Sex Discrimination Act 1975 makes it unlawful to discriminate on the grounds of sex.

With effect from 1st December 2003, the Sexual Orientation Regulations 2003 also rendered discrimination on the grounds of sexual orientation unlawful. "Sexual orientation" covers preference for the opposite sex as well as homosexual preference. Under the regulations, it is therefore as unlawful to discriminate against a straight person because he or she is straight as to discriminate against a homosexual man or a woman because he or she is gay. Bisexuals are also covered.

Discrimination falls into various categories

DirectDiscrimination (sex / sexual orientation)
Whereby a person is treated less favourably on the grounds of sex or sexual orientation.

A defence is available to an employer if being of a particular sex is a genuine occupational qualification.

Indirect Discrimination (sex / sexual orientation)
A person discriminates directly against another if he applied a provision, criterion or practice which puts the person at a particular disadvantage when compared with others (of the opposite sex or not of the same sexual orientation) and which cannot be shown to be a proportionate means of achieving a legitimate aim.

Victimisation (sex / sexual orientation)
Whereby a person is treated less favourably on account of the fact they have complained of being
discriminated against byreference to the Act or Regulations.

Harassment (sex / sexual orientation only)
Whereby on the grounds of sexual orientation he/she engages in unwanted conduct, which has the effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, vitriolic or offensive environment to him/her.