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Sexual orientation - Legislation
The main legislation on discrimination on grounds of sexual orientation is the Employment Equality (Sexual Orientation) Regulations 2003, which came into force on 1 December 2003.
'Sexual Orientation' is defined in the Regulations to mean 'an orientation towards (a) persons of the same sex; (b) person of the opposite sex; or (c) persons of the same sex and of the opposite sex.'
The definition applies to a person's 'orientation', but it is not clear how it will apply to a person's sexual behaviour or practices. It is still open to question whether or not the regulations will cover an employer who says, for example, that he or she is willing to employ gay men, so long as they do not look obviously gay as it may upset customers. There is a famous case in which a tribunal found that it was fair that an employer dismissed a lesbian employee who refused to remove a badge saying 'lesbians ignite'.
However, the Regulations also include discrimination based on perceived sexual orientation. In other words, if it is wrongly assumed that someone is gay and that person is treated less favourably as a result, the person discriminated against can bring a claim and there is no requirement for that person to disclose their sexuality at the hearing.
