Text Only

DIVERSITY BRIEFINGS – SEXUAL ORIENTATION

The Employer’s Perspective

Definitions

Sexual Orientation

Sexual orientation is defined as an orientation towards people of the same sex, the opposite sex or to both sexes. The definition of sexual orientation does not include sexual practices – for example, sadomasochism.

Disclosure

Lesbian, gay and bisexual (LGB) people often question whether to reveal personal information, such as sexuality and family life, at the application stage or when they start work. However, there is no legal obligation to disclose sexual orientation.

Specific Issues

Legislation

The Employment Equality (Sexual Orientation) Regulations 2003

The Employment Equality (Sexual Orientation) Regulations 2003 outlaw discrimination on grounds of sexual orientation in workplaces throughout Britain . They cover all aspects of employment from recruitment, through pay and working conditions to dismissal.

The law protects people from discrimination on the grounds of sexual orientation. It covers orientations towards people of the same sex, people of the opposite sex, or people of both sexes. Thus it protects lesbians, gay men, bisexuals and heterosexuals in employment and vocational training. It does not permit:

  • Direct discrimination – treating people less favourably than others due to their sexual orientation.
  • Indirect discrimination – applying a practice which disadvantages people of a particular sexual orientation which is not justified in objective terms.
  • Harassment – unwanted behaviour that creates an intimidating or offensive environment.
  • Victimisation – treating people less favourably because of action they have taken under the legislation – for example if someone had made a formal complaint of discrimination.

The law also covers perceptions of sexual orientation. Thus it protects people who are assumed – rightly or wrongly – to be of a particular sexual orientation.

Positive Employers

Many employers go to great lengths to advertise their support of LGB rights and diversify their workforce. An indication of your LGB-friendliness can be seen from the following:

  • Participation in diversity initiatives on-campus or in your locality
  • An equal opportunities policy which refers to sexual orientation
  • A diversity officer in post
  • Procedures in place in the event of harassment
  • A LGB employees network

Responsibilities of Employers

Employers have a legal responsibility to take reasonable steps to prevent unlawful discrimination. This responsibility should apply to recruitment, selection, training, promotion, dismissal and redundancy policies and practices. Although it is not a legal requirement, a written equal opportunities policy shows a commitment to developing non-discriminatory personnel practices.

Resources

GO Wales is not responsible for the content of external internet sites.
ACAS
The Advisory Conciliation and Arbitration Service. Aims to improve organisations and working life through better employment relations.
Armed Forces Lesbian and Gay Association
Consortium of lesbian, gay, bisexual & transgendered voluntary and community organisations
DTI
The Department for Trade and Industry.
International Lesbian and Gay Association
Lesbian and Gay Police Association
Prospects
Information on a wide range of careers issues
Stonewall
Civil rights group working for legal equality and social justice.
TIGER
Tailored Interactive Guidance on Employment Rights. Designed to provide a user-friendly guide through different aspects of UK employment law.
The Gay Business Association