| The European Employment
Directive (2000/78/EC) of 27th November 2000 established
a general framework for equal treatment in employment
and occupation. It declared discrimination on grounds
of age, disability, religion or belief and sexual orientation
in employment and vocational training to be unlawful.
In the United Kingdom, new legislation in the form
of the Employment
Equality (Sexual Orientation) Regulations 2003
and the Employment
Equality (Religion or Belief) Regulations 2003
came into force in December 2003.
Further legislation will be implemented in October
2004 when amendments to the Disability
Discrimination Act 1995 will come into force and
age discrimination will be made illegal in the UK
by the end of 2006.
The Employment Equality (Sexual Orientation) and
(Religion or Belief) Regulations 2003 give legal protections
against:
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Direct discrimination - treating people less
favourably than others because of religion, belief
or sexual orientation. |
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Indirect discrimination - applying a provision,
criterion or practice which disadvantages people
of a particular religion, belief or sexual orientation
and which is not justified in objective terms. |
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Harassment - unwanted conduct
that violates people's dignity or creates an intimidating,
hostile, degrading, humiliating or offensive environment. |
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Victimisation - treating people
less favourably because of action they have taken
under or in connection with the new legislation
- for example, made a formal complaint of discrimination
or given evidence in a tribunal case. |
Under the new legislation, legal protection exists
throughout the employment relationship - during the
recruitment process, in the workplace, on dismissal
and, in certain circumstances, after the employment
has finished.
Terms and conditions, pay, promotion, transfers,
training and dismissals are all covered under the
legislation.
The Sexual Orientation regulations protect bisexual
and heterosexual people, gay men and lesbian women.
However, they also cover "perceptions of sexual
orientation" meaning that someone discriminated
against due to assumptions made regarding their sexuality
will be equally protected, whether or not the assumptions
are correct.
It will also be illegal to discriminate against anyone
due to the sexual orientations of their friends, family
or other associates.
The regulations will enable individuals to take prompt
and effective action to tackle harassment, and enable
people to have an equal chance of training and promotion,
whatever their sexuality, religion or belief.
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