Sexual orientation
This Resource Guide provides an update on sexual orientation legislation and links to web sites with health-related information.
The Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 make unlawful discrimination on the grounds of sexual orientation.
They provide protection against discrimination and harassment based on actual or perceived sexual orientation, in relation to:
- recruitment and selection
- terms of employment
- access to training, promotion, transfer or receiving any other benefit
- dismissal from employment
- previous employment, in certain circumstances.
The legislation prevents unlawful discrimination on the grounds of sexual orientation where that orientation is towards persons of the same sex, different sex or both sexes.
Harassment can occur if:
- a person’s dignity is violated, or
- an intimidating, hostile, degrading, humiliating or offensive environment is created.
This type of harassment takes different forms, is experienced at various levels and can be perpetrated by a range of people - from employers, managers and work colleagues, or by patients and service users. Harassment can range from negative attitudes to overtly hostile language - sometimes not directed at anyone in particular but applied generically to all gay men, lesbians and bisexuals - to physical and/or sexual assault.
It would be unlawful for an employee to refuse to work with a lesbian or gay colleague or with lesbian or gay service users/patients, even if that refusal was based on religious grounds. Disciplining an employee who refuses to work with lesbian or gay staff or service users/patients would not constitute unfair discrimination1.
In addition, the Civil Partnership Act 2004 allows civil partners to be treated the same as married couples in a wide range of matters, including tax, employment benefits, most state and occupational pension benefits, income related benefits, intestacy rules, and immigration and nationality purposes. This suggests that surviving civil partners will have the same right to dispose of their partner’s body as surviving spouses.
Practical tips and information
Some good practice examples can be found across the UK, for example the Brighton and Hove ‘Lesbian and Gay Friendly GP Practice Scheme’2.
The following web links provide information on sexual orientation and health-related issues.
Key Web Links
General issues
www.unison.org.uk/file/B1287.doc
The booklet, Not ‘just’ a friend: Best Practice Guidance on Health Care for Lesbian, Gay & Bisexual Service Users and their Families (RCN/Unison, 2004) includes checklists and an overview of best practice in delivering healthcare to lesbian, gay and bisexual service users.
www.londonhealth.co.uk/lesbiansandgaymen.asp
Information about health issues specific to lesbians and gay men, with a London based directory, information and advice.
http://www.gmc-uk.org/news/articles/stonewall_flier.pdf
Information about the rights of gay, lesbian and bisexual people to be treated fairly and without prejudice by their doctors.
Parents
www.pinkparents.org.uk
National support project for lesbian, gay, bisexual and transgender families. Publications available to order include ‘Parenting the LGB Ways’.
Sexual health
www.queery.org.uk
This site has sexual health information via web links to specialist organisations.
http://sigmaresearch.org
See research reports: ‘First, service: relationships, sex and health among lesbian and bisexual women (2002), a downloadable PDF file.
Transgender people
www.beaumontsociety.org.uk
UK transgender, transvestite and crossdresser support group.
www.transgenderzone.com
The Transgender Zone provides information for health and social care professionals who want to learn more about transgendered people.
Viewing the resource guides
Return to the list of resource guides.
Footnotes
- Equality = No Exclusions: a guide to the new regulations to religion, belief and sexuality (Employers’ Organisation, 2003), p19. (return to paragraph containing footnote 1)
- Not ‘just’ a friend: best practice guidance on health care for lesbian, gay and bisexual service users and their families (RCN and Unison, 2004), p11. (return to paragraph containing footnote 2)