When you are treated unfairly because of your sexual orientation, this is known as discrimination. Sexuality is another term for sexual orientation.
Your sexual orientation is determined by your sexual attraction to:
You’re in charge of your own sex. This includes both homosexual and lesbian folks.
the polar opposite of sex This refers to those who are heterosexual.
the same sex and the sex opposite This refers to people who are bisexual.
It is illegal to discriminate based on sexual orientation in any of the following instances, and you may be entitled to take legal action.
employment
education
When it comes to supplying products and services, such as banking, entertainment, and transportation,
housing
any of the actions carried out by government agencies such as the NHS, government ministries, local governments, police, and prisons.
Direct or indirect discrimination based on sexual orientation is possible. It might also take the shape of harassment or victimization.
Discrimination against you is also illegal because:
rather than your own sexual orientation, because of the sexual orientation of someone you know, such as relatives or acquaintances. Discrimination by association is the term for this.
Even if you are not of a particular sexual orientation, you are assumed to be of that orientation.
Gender reassignment is a term used to describe the process of changing one’s gender.
Discrimination based on sexual orientation is a direct form of discrimination.
Treating you less favorably because of your sexual orientation than someone of a different sexual orientation would be treated in the same circumstances is direct discrimination.
Treating you less favorably because of the sexual orientation of someone you know, such as a family member or acquaintance, is also direct discrimination (discrimination by association).
It will help you prove direct discrimination if you can give an example of someone of a different sexual orientation who has been, or would have been, treated more favorably than you in similar circumstances
Direct discrimination includes abuse and harassment based on sexual orientation.
You can also report a hate incident or hate crime to the authorities if someone has been violent or hostile against you because of your sexual orientation.
The following are some cases of direct discrimination based on sexual orientation:
An insurance firm requires a man asking for life insurance to take an HIV test before they can provide coverage. By mentioning to his male boyfriend on his application form, he reveals that he is gay.
If a lesbian or gay couple inquires about renting a flat, the landlord instructs the letting agent to inform the lesbian or gay couple that the flat has been taken. Both the landlord and the letting agent would be guilty of direct discrimination based on sexual orientation if the letting agency agrees.
Because they are biased against homosexual people, a shop assistant excludes someone they know to be gay from the shop where they work. Direct discrimination on the basis of sexual orientation would be committed by both the shop assistant and the person or corporation that runs the establishment.
Discrimination based on sexual orientation that isn’t explicit
Having a rule, policy, or practice that someone of a certain sexual orientation is less likely to be able to meet, putting them at a disadvantage to persons of a different sexual orientation, is indirect sexual orientation discrimination.
A club’s policy of granting free membership to all spouses and wives of its members, but not to civil partners, is an example of indirect discrimination based on sexual orientation.
If you believe you have been subjected to indirect sexual orientation discrimination, you may be eligible to file a complaint. However, if the person or organization you’re complaining about can establish that the rule, policy, or practice has legitimate reasons and has nothing to do with sexual orientation, it won’t be considered discrimination.
Victimisation
If you report sexual orientation discrimination, you should not be harassed as a result of your complaint. This implies you should not be treated unfairly simply because you filed a complaint.
Taking a case to court, going to an employment tribunal, or standing up for your rights in some other way is all part of making a complaint.
If you are victimized as a result of making a complaint about sexual orientation discrimination, you may be entitled to protection. You can also be protected against discrimination if you assist someone else in filing a complaint about sexual orientation discrimination, such as by testifying in court.
A case of victimization would be if a lesbian tenant had previously filed a discrimination lawsuit against the property management company’s manager. The corporation refuses to let the tenant utilize facilities that other tenants have access to. This is victimization, and you have the power to stop it.
Discrimination based on sexual orientation in the workplace and in training
An employer who discriminates against you because of your sexual orientation is breaking the law. This applies to all employers, regardless of how small their workforce is. Most workers, including employees, agency workers, trainees, and self-employed individuals, are protected from workplace sexual orientation discrimination. This includes the following:
selection and recruitment
promotion
pay, benefits, and training
dismissal and redundancy
work terms and conditions
Here’s an example of discrimination based on sexual orientation:
An employer may permit a guy whose female wife is pregnant to take yearly leave in order to accompany her to ante-natal visits.
A similar request from a woman whose female partner is pregnant is turned down by the employer. This is most likely discrimination on the basis of sexual orientation.
Employers are permitted to treat you unfavorably because of your sexual orientation in certain instances. If an employer can establish that you need to be of a certain sexual orientation to execute a particular job, they can require that you be of that sexual orientation. This is recognized as a job necessity, and it is not considered discrimination.
An example of an occupational requirement is when a religious Minister’s employer insists on not hiring a transgender person or a gay man in order to prevent hurting the religion’s adherents’ religious convictions.
When it comes to supplying goods, facilities, and services, sexual orientation is a factor.
If, because of your sexual orientation, someone who offers products, facilities, or services discriminates against you, they:
refused to sell you a product
you weren’t able to use a service
provided you with inferior or higher-priced goods or services than someone of a different sexual orientation
acted in a disrespectful or unfriendly manner.