Sexual orientation discrimination law

The Equality Act 2010

Public Sector Equality Duty

The new Public Sector Equality Duty came into force on 5 April 2011.The Equality Duty replaces the three previous duties on race, disability and gender, bringing them together into a single duty, and extends it to cover age, sexual orientation, religion or belief, pregnancy and maternity, and gender reassignment (in full).

Public bodies, including local authorities, will have to take account of the needs of lesbian, gay and bisexual people when designing and delivering services.

Discrimination by Association and Perception

For the first time, people who face discrimination because they are perceived to have a protected characteristic, or because they associate with someone who has a protected characteristic, will be covered by law. For example, the stigmatised nature of HIV means that many people who care for someone living with HIV face discrimination, and this discrimination is now unlawful.

Employment

Also now in force is the use of ‘positive action’ in recruitment and promotion. Employers are allowed to select candidates from underrepresented groups when two people applying for a job have the same qualifications. Positive action is one way of tacking discrimination in employment.

Employers will no longer be allowed to ask job applicants to fill in a healthcare questionnaire before offering them employment. Previously, employers have been able to ask applicants whether they have a disability, are taking medication or have a medical condition - even if it has no relevance to the role. This will remove the barrier to people living with HIV entering the workplace.