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You have the right to be treated fairly at work, when using services and while in education.
It is discrimination to treat someone badly because they are gay, lesbian or bisexual, and there are laws in Northern Ireland that protect you against such treatment.
The Equality Commission is the body responsible for enforcing anti-discrimination law in Northern Ireland. It is our job to make sure that you know your rights when it comes to equality, and to help you resolve any problems you encounter.
A recent survey found that one in two lesbian, gay and bisexual people felt they had been discriminated against. Alarmingly, 80% of those people didn’t report it to anyone.
Nobody should have to live their lives facing discrimination – it is unacceptable and it is unlawful. This is why we are asking you to use your voice and tell us when you feel you haven’t been treated fairly. It will help us and it will help you, as we work to improve equality for everyone in Northern Ireland.
We can influence government to make changes to improve and strengthen the law (see latest policy recommendations). We work with employers, service providers and education providers to ensure they know how to treat their staff, customers, pupils and students fairly. We also have the power to investigate when serial complaints are being raised and finally, we can take legal action for you.
This website deals with discrimination that relates to your sexual orientation. For information on the other areas of legal protection (for instance, on grounds of age, race, religion, disability and gender), visit www.equalityni.org. If you feel you’ve been discriminated against, but are not sure on what grounds, just talk to us and we will help you work this out.
We have our own expert legal team who know how to use the law for your protection, so you don’t need to know anything about equality law. All you need to know is that you have rights and we can help with the rest.
Sexual Orientation Guide
The following Questions and Answers are for illustrative purposes only. Each case is different and we would advise you to talk to us
Sexual orientation discrimination is discrimination against people because they either
have, or are perceived to have, a particular sexual orientation. The law also covers
individuals who are treated less favourably than others based on incorrect assumptions about their sexual orientation and individuals who are treated less favourably because they are associated with people of a particular sexual orientation.
We can help by offering you information, guidance and advice in relation to equality and discrimination.
You can read case studies of people we have helped via this link
http://www.equalityni.org/Individuals/I-have-a-work-related-problem/Sexual-orientation
The Employment Equality (Sexual Orientation) Regulations (NI) 2003 which make it unlawful for employers and others to discriminate on grounds of sexual orientation in the areas of employment; and vocational training, including further and higher education.
Yes, our services are free and anyone can use them. We do not means test either.
You can challenge it in a number of ways:
We can help explain all of the options above and guide you through the best approach in resolving the issue.
Work events outside the working week are covered and you do have protection against discrimination. You should raise this with your employer immediately.
Yes, if you feel comfortable enough you should always try to resolve the issue informally yourself. Just be aware though that we are here to help you if you need it and can offer you some advice on how to resolve the issues.
You can complain about it. It would be seen as harassment and it is unlawful at work. Your manager should be made aware of it and deal with it sensitively.
We have helped thousands of people over the years from simply offering information to taking cases to tribunals on their behalf.
You can read about all the discrimination cases we have assisted on the Equality Commission’s website – http://www.equalityni.org/Case-Decisions-Settlements This is a searchable database.
Unfortunately yes, a recent survey that we carried out showed that 1 in 2 gay, lesbian and bisexual people felt they had experienced discrimination.
There are four types of discrimination
Direct discrimination
This is where someone is treated less favourably than others in the same or similar circumstances and the reason for that treatment is sexual orientation
Indirect discrimination
There are two definitions of indirect discrimination:
a) Indirect discrimination exists where a provision, criterion or practice is applied which puts people of a particular sexual orientation at a disadvantage and which cannot be shown to be a proportionate means of achieving a legitimate aim
b) Indirect discrimination occurs when a requirement or condition is applied which only a considerably smaller proportion of people of the same sexual orientation can comply with, which is not justifiable and which is to the complainant’s detriment because s/he cannot comply with it.
Definition a) applies to employment, vocational training, further and higher education, the provision of goods, facilities or services, the management and disposal of land or premises and the provision of education.
Definitions a) and b) apply to the provision of goods, facilities or services, the management and disposal of land or premises and the provision of education.
Harassment
This is 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. Harassment takes place where, taking into account all the circumstances, the harasser’s conduct should reasonably be considered as having violated a person’s dignity or created such an environment for him/her.
Victimisation
This means treating someone less favourably than others because they have complained of discrimination on grounds of sexual orientation or assisted someone else to do so.
The best candidate at interview is not offered a job because the employer suspects he is gay whilst a less able candidate, who the employer believes to be straight, is offered the post. This is less favourable treatment and would constitute discrimination.
Name calling, using a feminine pronoun for a gay male member of staff, or isolating gay, lesbian or bisexual employees.
It is unlawful for an employer to refuse to provide a work reference for a former employee because s/he did not approve of the ex-employee’s sexual orientation.
Employers are liable for acts of discrimination committed by their employees in the course of their employment whether or not the acts were done with the employer’s knowledge or approval – unless the employer can show that he took such steps as were reasonably practicable to prevent the discrimination occurring.
A female applicant who is a lesbian applies for a high profile job. She is well qualified and experienced for the post. Part of the recruitment exercise includes an interview with her partner, as partners are considered to play an important social role at work related events. The applicant refuses to disclose details about her partner on the grounds that the information is private. Shortly afterwards she is advised that her application is unsuccessful. If the employer fails to appoint her because they suspect she is a lesbian, this is likely to amount to direct discrimination on grounds of sexual orientation. If they fail to appoint her because she refuses to disclose details about her partner, she may also be able to argue that she has been indirectly discriminated against. She could possibly argue that people who are gay, lesbian or bisexual are less willing to provide information about their partners than people who are heterosexual. If a requirement to disclose details of their partners is considered by a Tribunal to place lesbians at a particular disadvantage, the employer would have to objectively justify such a requirement.
An employee is dismissed because s/he has made an allegation of sexual orientation discrimination to his/her employer. Provided the complaint is made in good faith and not false, they have been victimised contrary to the legislation.
Everyone has the right to their own religious beliefs but when someone is at work they are not allowed to express their disapproval of another work colleague’s sexual orientation so yes, it would be considered discrimination.
No, our services are confidential and when you talk to us you can be assured that we do not share your information with your employer. We will only contact your employer if you ask us to do so or decide to take a case to tribunal.
Follow the link to our main website where you will find out everything you need to know about seeking our advice and making a complaint.
The only explicitly stated exception in the Regulations is where the employment is for the purposes of an organised religion. If a religious body or organisation does not wish to recruit people of a particular sexual orientation, then they will need to establish that this is necessary to comply with the doctrines of the religion. Alternatively they will need to show that, because of the nature of the work and the context in which it is carried out, the requirement is necessary to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers.
If you believe you have been discriminated against at work or when you have applied for a job then you may be able to take your employer or prospective employer to a tribunal. It can be unlawful for an employer or prospective employer to treat you less favourably than someone else because of your sexual orientation.
However, before you do so, you should consider whether you need to use your employer’s grievance procedure. In most cases, if you fail to use, or complete the grievance procedure the Tribunal can reduce any award of compensation by up to 50%. Always be aware though that should you need to take a case to a Tribunal there are strict timescales for doing this. Don’t delay getting in touch with us while you are using your employer’s grievance procedure, not after.
Unfortunately yes, a recent survey that we carried out showed that 1 in 2 gay, lesbian and bisexual people felt they had experienced discrimination.
The Equality Act (Sexual Orientation) Regulations (NI) 2006 which make it unlawful to discriminate on grounds of sexual orientation in the provision of goods, facilities or services; premises; education; and public functions.
This is likely to be discrimination and you should talk to us about it. The law protects you against this type of poor treatment and service providers including hotels are legally bound not to treat you badly for being gay, lesbian or bisexual.
Although this is unacceptable, the Equality Commission does not deal with issues that occur between individuals in the street. It is however a Police issue and is known as a hate incident or hate crime and you should report it to them immediately. Use this form:
http://www.urzone.com/hatecrime/hatecrime.asp
Yes, our services are free, we do not means test anyone and anyone can use them.
Yes, if you feel comfortable enough you should always try to resolve the issue informally yourself. Just be aware though that we are here to help you if you need it and can offer you some advice on how to resolve the issues.
A same-sex couple is asked to leave a restaurant because they are holding hands and the restaurant manager says their behaviour is making other customers uncomfortable. Heterosexual couples who are holding hands are not asked to leave. This is less favourable treatment and would constitute discrimination.
As part of their services for a client company, an events company arranges a conference in a country where being gay, lesbian or bisexual is illegal and there is no good reason for it to be held there. This could be classed as indirect discrimination.
A bisexual woman agrees to give evidence in a case being taken by a lesbian who has been repeatedly refused appointments at a health spa. When the bisexual woman next tries to make an appointment for herself, her request is refused by the manager who says that they don’t offer their services to troublemakers. This is victimisation.
We can help by offering you information, guidance and advice in relation to equality and discrimination.
You can challenge it in a number of ways:
1. Try to resolve the matter informally yourself
2. Ask your some questions,
3. Make a complaint.
We can help explain all of the options above and guide you through the best approach in resolving the issue.
We have helped thousands of people over the years from simply offering information to taking cases to tribunals on their behalf.
Sexual orientation discrimination is discrimination against people because they either have, or are perceived to have, a particular sexual orientation. The law also cover individuals who are treated less favourably than others based on incorrect assumptions about their sexual orientation and individuals who are treated less favourably because they are associated with people of a particular sexual orientation.
Follow the link to our main website where you will find out everything you need to know about seeking our advice and making a complaint.
This is likely to be discrimination. The landlord is providing a service to you and should not be treating you like this. There is law to protect against this type of treatment. Talk to us about how to resolve this.