Sexual orientation Discrimination

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What is Sexual orientation Discrimination?

Discrimination because of sexuality is when you are treated unfairly because of your sexuality. sexuality is also know as sexual orientation.

Your sexual orientation depends on whether you are sexually attracted towards:

your own sex. This means gay and lesbian people

the opposite sex. This means heterosexual people

the same and the opposite sex. This means bisexual people.

If sexuality discrimination takes place in any of the following situations it is illegal and you may be able to take action about it.

employment and training

education

when providing goods and services, for example, banking, entertainment and transport

housing

any of the activities carried out by public authorities, such as the NHS, government departments, local authorities, the police and prisons.

Discrimination because of sexuality can be direct or indirect. �It can also take the form of victimisation or harassment.

It's also illegal to discriminate against you because:

of the sexuality of someone you know, such as family or friends, rather than because of your own sexuality. This is known as discrimination by association

you are believed to be of a particular sexual orientation, even, when you are not

of gender reassignment.

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

Direct discrimination because of sexuality

It is direct discrimination to treat you less favourably because of your sexuality than someone of a different sexuality would be treated in the same circumstances.

It is also direct discrimination to treat you less favourably because of the sexuality of someone you know, such as a family member or friend (discrimination by association).

To prove direct discrimination, it will help if you can give an example of someone from a different sexuality who, in similar circumstances, has been, or would have been, treated more favourably than you. Abuse and harassment because of sexual orientation are forms of direct discrimination.

Here are some possible examples of direct discrimination

an insurance company insists that a man applying for life insurance takes an HIV test before they will give him life insurance. His application form shows he is gay by referring to his male partner.

a landlord asks a letting agent to say that their flat to let has been taken if a lesbian or gay couple ask about renting it. If the letting agent agrees, both the landlord and the letting agent would be guilty of direct discrimination because of sexual orientation.

a shop assistant bars someone they know to be gay from the shop where they work because they are prejudiced against gay people. Both the shop assistant and the person or company that owns the shop would be guilty of direct discrimination because of sexual orientation.

Indirect discrimination because of sexuality

It is indirect sexuality discrimination to have a rule, policy or practice which someone of a particular sexuality is less likely to be able to meet, and this places them at a disadvantage to people of a different sexuality.

An example of indirect discrimination

If you think that indirect sexuality discrimination might have occurred, you may be able to make a complaint about it. However, if the person or organisation you are complaining about can show that there are genuine reasons for the rule, policy or practice and that it has nothing to do with sexuality, this won't count as discrimination

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

Victimisation

If you complain about sexuality discrimination, you shouldn�t be victimised because you complained. This means that you shouldn�t be treated unfairly just because you�ve made a complaint.

Making a complaint includes taking a case to court, going to an employment tribunal or standing up for your rights in some other way.

You can get protection if you are victimised because you�ve made a complaint about sexuality discrimination. You can also get protection from discrimination for helping someone else to make a complaint about sexuality discrimination, for example, by giving evidence as a witness in court.

An example of victimisation would be where a lesbian tenant had previously made a claim of discrimination against the manager of the property management company. The company refuses to allow the tenant to use facilities which are available to other tenants. This is victimisation and you can take action about it.

Sexuality discrimination in employment and training

It is illegal for an employer to discriminate against you because of your sexuality. This includes all employers, no matter how few people they employ. Most workers, including employees, agency workers, trainees and those who are self-employed have protection from sexuality discrimination at work. This includes:

recruitment and selection

promotion

training, pay and benefits

redundancy and dismissal

terms and conditions of work.

How do I make a Discrimination or Harassment Claim?

If you are being discriminated or harassed in any way the call and speak to one of our network of solicitors and will handle you claim. They will process your claim and update you every step of the way until they have claimed the maximum amount of compensation to ease any suffering that you have had.

You can call our harassment claim line on 0845 519 7798 to speak to one of our harassment claim specialists or complete our online contact form and we will call you back within the hour.