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Sexual Orientation

June 18, 2008

Sexual orientation is an important part of human sexuality. We’re all attracted to others. It’s against the law for an employer to discriminate against you because of your sexual orientation. You’re also protected against harassment or bullying at work.

Find out about your rights and what to do if you’re treated unfairly because of your sexuality.

Most of us are attracted to the opposite sex. About 10% of us are attracted to the same sex, and even more people are attracted to both sexes. Under the law you shouldn’t be discriminated against because of your sexual orientation or ‘perceived’ sexual orientation – including orientation towards someone of the same sex (lesbian/gay), opposite sex (heterosexual) or both sexes (bisexual).

Equal opportunities laws aim to create a ‘level playing field’ so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job.

Under the 1975 Sex Discrimination Act it’s unlawful for an employer to discriminate against you because of your sex or because you are married. It’s also unlawful to discriminate against you because you’ve had, are having or intend to have, gender reassignment. This means someone, supervised by a doctor, who changes their gender.

The discrimination can be ‘direct’ or ‘indirect’, deliberate or accidental. If someone is disadvantaged at work because of their sex, marital status or gender, it is unlawful, and the employer should stop the discrimination.

Sex discrimination laws cover almost all workers (men and women) and all types of organization in the UK.

You may work with a colleague who has strong views on your sexual orientation because of their religion. However, this doesn’t mean they can bully or harass you. In the workplace, everyone has the right to be treated with respect, no matter what their sexual orientation.

Different kinds of sex discrimination and orientation

Sex orientation at work is unlawful in all parts of employment. The law covers recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities, right through to redundancy and dismissal.

However, in some cases, a job can be offered to someone of a particular sex, because of what is called a ‘genuine occupational qualification’. Examples could include:

· some jobs in single-sex schools

· jobs in some welfare services

· acting jobs that need a man or a woman

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