What are the main points of the 'Employment Equality (Sexual Orientation) Regulations 2003'?

Question

Also what are the Employers responsibilities and the Employees responsibilities?

Answer 1

Employment Equality (Sexual Orientation) Regulations 2003

The Employment Equality (Sexual Orientation) Regulations 2003 outlaw discrimination and harassment in employment and vocational training on the grounds of sexual orientation.

The Regulations introduce rights in new areas to employees to protect them from prejudice, discrimination and harassment in the workplace.

They prohibit:

Direct discrimination – treating people less favourably than others on grounds of their sexual orientation.
Indirect discrimination – applying a provision, criterion or practice which disadvantages people of a particular sexual orientation which is not justified as a proportionate means of achieving a legitimate aim.
Harassment – unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation – treating people less favourably because of something they have done under, or in connection with, the Regulations, e.g. made a formal complaint of discrimination or given evidence in a tribunal case.

So enterprises:
cannot refuse to employ someone, or decide to dismiss someone, because they are lesbian, gay or bisexual;
cannot refuse access to training, or to promotion, on the basis of sexual orientation;
must act to protect employees against bullying or harassment suffered because of their sexuality. (The “perception” of the person suffering the harassment is crucial;
cannot deny workers benefits (facilities and services) that they offer to other employees – for example, insurance schemes, travel concessions, social events – on the basis of sexuality;
cannot give an unfair reference when someone leaves because of being lesbian, gay or bisexual.
This means that employers are required to protect employees against bullying or harassment suffered in the workplace (i.e. violating an individual’s dignity or ‘creating an intimidating, hostile, degrading, humiliating or offensive environment’ for an individual) because of their sexual orientation.

The Regulations also outlaw discrimination by trade associations (including trade unions), employment agencies, providers of vocational training and institutions of further and higher education.
The Regulations apply in England, Scotland and Wales.

The Sexual Orientation Regulations apply to discrimination and harassment on grounds of orientation towards persons of the same sex (lesbians and gay men), the opposite sex (heterosexuals) and the same and opposite sex (bisexuals). They cover discrimination and harassment on grounds of perceived as well as actual sexual orientation (i.e. assuming – correctly or incorrectly – that someone is lesbian, gay, heterosexual or bisexual).

The Regulations also cover association, i.e. being discriminated against on grounds of the sexual orientation of those with whom you associate (for example, friends and/or family).

The Regulations apply to recruitment, terms and conditions, pay, promotion, transfers and dismissal.
The Sexual Orientation Regulations do not cover discrimination other than discrimination on grounds of people’s (actual or perceived) sexual orientation.

The Regulations do not cover less favourable treatment in the provision of goods and services.

An organisation or business may be exempt from provisions within the Regulations only in exceptional circumstances. An employer may only discriminate on grounds of sexual orientation:

if the employer has a religious ethos and with the nature of the employment or the context in which it is carried out being of a particular sexual orientation is a genuine and determining occupational requirement;
where the employment is for the purposes of an organised religion and where the employer applies a requirement related to sexual orientation so as to comply with the doctrines of the religion;
to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers;
if it is proportionate to apply such a requirement in the particular case.
Additionally, an employer may deny a same sex partner access to a benefit if they specify that this benefit – such as an occupational pension survivor’s benefit – is restricted to married partners only.

Finally, the Sexual Orientation Regulations make it legal for employers and trade associations (such as trade unions) to take steps to encourage persons of a particular sexual orientation to apply for particular work or training if this is to compensate for disadvantages otherwise suffered by persons of that sexual orientation.

The Regulations apply throughout the employment relationship – the recruitment process, in the workplace, on dismissal and, in certain circumstances, after the employment has finished.

The Regulations apply throughout the vocational training relationship – during the application process, in the training environment and, in certain circumstances, after the vocational training has finished. Schools and colleges have a responsibility to ensure that their employees are treated with dignity and in accordance with these Regulations while they are involved in training activity on or off the premises.

The Regulations protect the rights of all employees, including teachers and other educational staff. They apply to all schools and colleges in both public and private sectors. The Regulations apply to supply/employment agencies, providers of vocational training and institutions of further and higher education.

Under the Regulations an employer may be liable for discriminatory actions taken by anyone acting on their behalf, whether or not it was done with their knowledge, unless the employer can show that they had tried to prevent such actions.

These Regulations fit in with other equality legislation already existing and covering other areas of equality:

The Equal Pay Act 1970.
The Sex Discrimination Act 1975.
The Race Relations Act 1976.
The Disability Discrimination Act 1995.
The Race Relations (Amendment) Act 2000.
The Government’s approach has been to broadly ensure that requirements become consistent across equality legislation where practicable. That will make it easier for everyone to understand and use the law. For example:

the same definition of indirect discrimination is used in the Religion or Belief Regulations;
the same burden of proof across the strands – once an employment tribunal or court is satisfied from the facts that there is a case to answer, the onus is on the employer to show that the difference in treatment was justified;
the same procedure for making complaints and remedies. Where an employee thinks that they have been discriminated against under the new Regulations, they can bring a case to an employment tribunal. (In cases involving institutes of further and higher education proceedings must be brought in the county or sheriff court.)

Answer 2

Employment Equality Sexual Orientation Regulations 2003

Answer 3

Basically the main points of the regulations are that you cannot discriminate against someone on the basis of their sexual orientation.

This means that employers (unless exempt from the regulations) cannot decide they do not want to employ members of certain sexual orientations. If they wish to get rid of a person because of their sexuality, they are liable to a claim of unfair dismissal.

As far as current employees are concerned, you may not discriminate or harass a person because of their sexual orientation.

Being a legal "tool" there are also limitations due to the use of third parties to intimidate these persons and other protections for the person being discriminated against.

There is no limitation on the sexual orientation be it Hetero- or homo-sexual (including lesbian).

Answer 4

That depends on which state you mean. Each state creates it's own guidelines regarding sexual orientation employment regulations.

My state JUST implimented a law which makes orientation descrimination illegal, as well as PERCIEVED orientation...and GENDER...this year.
Before this, there were NO statewide regulations regarding sexual orientation or gender identity whatsoever. It was completely within an employers rights to fire any person who the employer believed to be or percieved to be Gay, Lesbian, Bisexual or Transgendered.

Answer 5

Come on....someone answer poor old Andy for gawds sake.