Access to goods, facilities and services Equality Act (Sexual Orientation) Regulations 2007
Part 3 of the Equality Act 2006 made provision for regulations to be introduced to extend the protection against discrimination on grounds of religion or belief to sexual orientation. This enables provision to be made to protect against discrimination on the grounds of sexual orientation (perceived or actual):
• in the provision of goods, facilities, services, education
• in the use and disposal of premises
• in the exercise of public duties
Further to this, the Equality Act (Sexual Orientation) Regulations 2007 became law on 30 April 2007, making such discrimination unlawful.
Discrimination on grounds of Sexual Orientation
From 30th. April 2007 it became unlawful for anyone providing goods, facilities or services, or managing or disposing of premises, to discriminate against a person on the grounds of their actual or presumed sexual orientation, or the actual or presumed sexual orientation of someone with whom they are associated.
The Regulations prohibit discrimination on the basis of a person’s:
actual sexual orientation
the sexual orientation he/she is thought to have and/or;
the sexual orientation of someone with whom he/she is associated.
Employment
The Employment Equality (Sexual Orientation) Regulations 2003
The Employment Equality (Sexual Orientation) Regulations 2003 protect employees from discrimination because of their actual or perceived sexual orientation. Discrimination is unlawful in relation to:
• recruitment and selection
• terms and conditions of employment offered and/or applied for
• opportunities for training, training itself, job promotions and transfers
• harassment and victimisation
• dismissal including redundancy
• post employment, for example provision of references
The regulations raise many questions:
• Can or must an employer monitor the sexual orientation of job applicants and their workforce in general?
• What does ‘perception’ of a person’s sexual orientation mean?
• What are the significant exceptions?
• Can a religious colleague refuse to work with a gay colleague by using the Employment Equality (religion or belief) Regulations 2003 as a defence?
The Council’s Equality Plan
The Council has an extremely positive statement regarding sexual orientation within the Corporate Equality Policy regarding employment and service delivery.
The Stonewall Diversity Champion programme is a good practice forum for employers to promote equality and fair treatment in the workplace for lesbian, gay and bisexual (LGB) workers. The scheme was ‘highly commended’ at the 2006 Charity Awards. Denbighshire is now a member of Stonewall Cymru and one of our officers has been co-chair.
The Council actively promote venues for civil partnerships.
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