The Employment Equality (Sexual Orientation) Regulations (N.I) 2003 are enforceable from 2 December 2003. It is now unlawful for employers and training providers to discriminate on grounds of sexual orientation in the areas of:
• Employment
• Vocational Training including Further and Higher Education
• Sexual Orientation Discrimination is discrimination against people because
• They have a particular sexual orientation
• They are perceived to have a particular sexual orientation
• They are associated with people of a particular sexual orientation
In the Regulations sexual orientation is defined as
• Orientation towards persons of the same sex (this covers gay men and lesbians)
• Orientation towards persons of the opposite sex (this covers heterosexual men and women)
• Orientation towards persons of both sexes (this covers bisexual men and women)
The Regulations therefore protect everyone regardless of their sexual orientation
The Regulations outline the different types of discrimination
1. Direct Discrimination
2. Indirect Discrimination
3. Victimisation
4. Harassment which is specifically defined as unwanted conduct, which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person
These Regulations apply to all employers regardless of size and to all employees regardless of how long they have been employed by their employer.
It is unlawful for an employer to discriminate in
• Recruitment and selection
• In the terms and conditions of employment
• Access to benefits
• By dismissing an employee
• Causing him or her any other detriment while at work
It is vitally important that employers consider how their policies and practices are likely to affect people on grounds of their sexual orientation. The Regulations state that they have responsibility for any unlawful discriminatory acts of their employees carried out in the course of their employment, whether or not they knew of the discriminatory acts or approved of them.
There are general practice measures which it is recommended employers put in place in order to prevent discrimination on grounds of sexual orientation in the workplace. These include the following:
• Develop an equal opportunities policy, which specifically covers the area of sexual orientation
• Have in place a harassment policy, which specifically deals with harassment on grounds of sexual orientation
• Employees should be informed that they should not harass, or otherwise unlawfully discriminate against, other employees or agency staff on grounds of sexual orientation, outside normal working hours or outside the workplace
• Employers should effectively communicate their equal opportunities policies and procedures to all contractors and agency staff as they may be held liable under the Regulations for their unlawful discriminatory actions
• Employers should ensure that their disciplinary rules and/or procedures specify that discrimination on grounds of sexual orientation is regarded as misconduct and could lead to disciplinary proceedings
• Employers should ensure that all employees receive appropriate training in relation to their responsibilities under the Regulations
• A person who believes they have been discriminated against on grounds of sexual orientation can make a complaint to an Industrial Tribunal. In most cases, complaints relating to discrimination in employment should be made within three months of the date of the act of discrimination.
For more information on this and all areas of employment, contact:-
Paddy Mullarkey - paddy@cfs-law.com - (028) 9032 7388 or
Caroline McGonagle - caroline@cfs-law.com - (028) 7137 2660