RAINBOW PARTNERSHIP Building a Unified Voice for the Lesbian, Gay, Bisexual and Trans Sector
SUCCESSFUL LAWSUITS
ARE YOU PREPARED? LEGISLATION AFFECTING LESBIAN, GAY, BISEXUAL AND TRANS PEOPLE HAS CHANGED!
The recent developments in sexuality and equality legislation have made it more important than ever to ensure that employers are aware of these changeS…and more importantly how they will affect you, your staff, your volunteers and the goods and services that you deliver. Lack of knowledge or intent will not be tolerated as an excuse for discrimination. It’s your responsibility to make sure that your organisation has everything in place to become an inclusive employer and diversity champion. By 2011 only 18% of the country’s workforce will be a white, heterosexual male without a disability making it more important than ever to understand the implications of the new legislation. The Goods and Services (Sexual Orientation) Act 2007 has now become legislation. This makes it an offence to discriminate against anybody in the provision of goods, facilities and services on the grounds of sexual orientation.
r An employment tribunal has ruled that the retaile Nexts’ failure to deal with a complaint of homophobic harassment amounted to unfair dismissal. A lesbian woman won her case after persistent taunting and abuse at the hands of co-workers led her to quit her job at the Next store in St Helens, Merseyside. Marlene Bielack told the tribunal that Katrina and Neil Davies made it clear that they were disgusted by r her lifestyle and questioned whether she and her partne could elack son.Bi old year seven were fit to raise their receive up to £124,000 in compensation for loss of earnings and hurt feelings.
Next, St Helens
A transsexual wh o out of her job as a tru claimed she was hounded cker after she began her transition from her for me at her employment trib r male gender has triumphed un from Wallasey in Wirra al. Vikki-Marie Gaynor, 37, l, is waiting to hear the sum of compensatio exact n she will be reward ed following her successful claim s of sexual discrimina tion against Exel Europe, part recruitment agency Blu of delivery giant DHL, and e Arrow. The ex-soldier, who got her HGV licence the Royal Corps of Tra thr nsport, claims that pre ough friendly members of vio usly staff at the depot in Kir kby, Merseyside, began a campaign of harassm ent against her, including du makeup in a toilet. Ha mping her belongings and ving resigned from he r position in March 2007, Gayn or has now set up a business offering schools and employers workshops and information about tra nsexuality.
L Exel Europe, DH
The legislation outlaws discrimination in a range of important areas; from hospitals to schools in the public sector, hotels and banking in the private sector and the varied services provided by the voluntary sector. It is important for you as an employer to be aware of how this legislation will affect your organisation and what you can do to prevent any lawsuits being taken against you. It’s also an opportunity for you to champion good diversity practice as standard and to make you more attractive as an employer, and to potential volunteers within our diverse community.
A group of transsexuals and gay men who were refused service from a Blackpool Pizza Hut last summer because they were wearing high heels and mini skirts are now suing the company for up to £3000. The nine gay men and transsexuals were halfway through their Saturday night out in Blackpool when they asked for a table at the town centre Pizza Hut and were told that they had ‘run out of pizza’. Michael Kemp, 48, Paul Barnabas, 47 and his partner Iain Buck are claiming up to £3000 compensation from the worldwide chain, saying they were discriminated against because of their sexuality. This encounter came last summer shortly after it became illegal for shops, bars or restaurants to refuse to serve anyone because of their sexuality. Pizza Hut commented ‘We find discrimination of any kind completely unacceptable and are taking this allegation extremely seriously. Unfortunately we are unable to comment further as this matter has been passed to our solicitors.’
pool Pizza Hut, Black
Page 2: Leading The Way Page 3: An introduction to the legislation Page 4: Do’s and Dont’s
Rainbow Partnership
LEADING THE WAY...
There are a number of organisations that operate in the North West that are pioneering inclusive new ways of ensuring that LGBT issues are central to all internal policies. Below, we have included examples of good practice from the public, private and voluntary sector:
In 2001, Barclays conducted its first staff attitude survey featuring sexual orientation. They found that whilst 10% of staff had experienced bullying in the previous year, the figure for lesbian and gay staff was 23%. Barclays decided to invest in its LGB staff network, Spectrum, launching a series of initiatives designed to engage its gay staff and customers. These culminated in sponsoring 300,000 copies of Stonewalls’ ‘Plain English’ guide to civil partnerships. In a recent survey, Pink Paper readers voted Barclays the number one bank for gay people.
Rainbow Partnership
Manchester City Council consulted their LGBT Employee Group before deciding CUMBRIAto implement the monitoring of sexual orientation of their staff. Following a pilot within the Chief Executives Department, it was rolled out to the wider council as part of an Equality Monitoring Barnardo’s also has its own Survey to all 25,000 employees LANCASHIRE National LGBT Forum, as well as with a letter and some frequently local forums organised across asked questions to explain the the UK. These forums meet on a reasons behind doing it. The regular basis. council also took the opportunity GREATERThe MANCHESTER to ask their employees to update National Forum holds a bitheir equality information (BME annual conference that meets and Disability status). This was to draw on the LGBT talent MERSEYSIDE to try and increase the number nationally in Barnardo’s. At every of employees they held equality conference, they have workshops CHESHIRE information on and to update and guest speakers in to update, disability records (employees’ create debate and inform LGBT disability status can change workers, volunteers and students. throughout their working life). It provides policy advice and To ensure that their equality guidance from these conferences information is kept up to date, to all levels of management – and the council have also now added they have some serious fun as sexuality as a monitoring category well! on their application forms. The council stated: “Monitoring It provides a focus and an helps us to learn more about opportunity for all LGBT workers, the needs of the workforce, students and volunteers nationally helps us examine issues such to meet and discuss issues for as recruitment, discipline and the improvement of services for grievance and helps to ensure children, young people and their that all employees are treated families and working situations of equally. “ staff.
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AN INTRODUCTION TO THE LEGISLATION
The Equality Act (Sexual Orientation) Regulations 2007 along with the Goods and Services Act of the same year now offer protection to everybody regardless of their sexual orientation and make it unlawful for companies to discriminate against anyone in their capacity as an employer or as a provider of goods and services. If an employer gives benefits to opposite sex unmarried partners (e.g. the employees opposite sex partner is able to drive the company car), then refusing the same benefits to same sex partners could be defined as discrimination. The main pieces of legislation, and best pratice that we recommend you familiarise yourself with are: Sex Discrimination Act 1975 (plus amendments) Since 1st May 1999 an amendment to the Sex Discrimination Act 1975 has meant that individuals have had the right not to be discriminated against because they are proposing to undergo, are undergoing or have undergone gender reassignment processes.
Positive Sexual Orientation Discrimination Obviously, discrimination is never positive and should be dealt with swiftly and appropriately regardless of the type of discrimination. However, there are exceptions to every rule! Gender Recognition Act 2004 This Act gives legal recognition in their acquired gender to transsexual people who satisfy the Gender Recognition Panel that they meet the necessary requirements. Following a successful application, a transsexual person will acquire the rights and responsibilities of their acquired gender from the date of recognition. Gender Equality Duty Since 30th April 2007 organisations have been required to have a Gender Equality Scheme. The Duty affects public bodies and private bodies carrying out public functions. This now means that employers cannot just react to complaints but must take steps to proactively promote equality between women and men. See above for how this affects transsexuals. The Equality Act (Sexual Orientation) Regulations 2007 As a provider of either goods or services you will no longer be able to discriminate against someone on the grounds of their sexual orientation. For example if you run a B & B you cannot refuse a gay couple a double room as this is direct discrimination, likewise you cannot refuse anyone service in bars, restaurants etc based on their sexual orientation. This law applies equally amongst gay and straight venues. EMPLOYMENT EQUALITY (SEXUAL ORIENTATION) REGULATIONS 2003 This legislation outlaws direct and indirect discrimination, harassment and victimisation in employment and vocational training on the grounds of sexual orientation.
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One of the few examples where this could be would be an organisation that focuses its work around domestic violence support services for LGBT people. It could be identified that an LGBT worker was required and the organisation could advertise a post specifically requesting for LGBT applicants, having identified that a specific sexual orientation was a requirement for the post to understand the needs of that specific group of people. You also must remember that the legislation also includes heterosexuals. Therefore, if a heterosexual woman was turned away from a gay nightclub simply because she is ‘straight’, it is clearly unlawful sexual orientation discrimination. It is both unlawful and unfair to turn customers away because of their sexual orientation; it is also unlawful to advertise in a way that implies that customers of a particular sexual orientation are unwelcome. It is not unlawful to promote goods or services in a way that states they would be of more interest to a specific sexual orientation. There is currently also one contentious ‘caveat’ to the new goods and services legislation around adoption. Until Christmas 2008, religious adoption agencies are permitted to discriminate against same-sex couples; Cardinal MurphyO’Connor had publicly threatened to close Catholic adoption agencies unless the Government exempted them from the goods and services regulations, allowing them to turn lesbian and gay couples away.
DO’S AND DONT’S
Rainbow Partnership
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Rainbow Partnership
DO... DEVELOP LGBT FRIENDLY POLICIES AND PROCEDURES.
SHARE INFORMATION AND BEST PRACTICE.
MONITOR SEXUAL ORIENTATION OF YOUR STAFF AND CUSTOMERS.
DISCRIMINATE ON THE GROUNDS OF SEXUAL ORIENTATION.
WRITE POLICIES BUT NOT CUMBRIA ADHERE TO THEM. FALL FOUL OF THE LAW. MAKE ASSUMPTIONS BASED ON SEXUALITY.
KEEP UP TO DATE WITH CHANGES IN RELEVANT LEGISLATION.
THINK THIS ISN’T RELEVANT TO YOUR ORGANISATION LANCASHIRE – IT IS.
USE SPECIALIST AGENCIES FOR INFORMATION AND ADVICE. CHAMPION EQUALITY & DIVERSITY FOR YOUR ORGANISATION. SPREAD THE WORD TO OTHER ORGANISATIONS.
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DON’T...
UNDERESTIMATE THE POSITIVE AFFECTS OF A DIVERSE WORKPLACE. GREATER MANCHESTER
BE AFRAID TO ASK FOR SEXUAL ORIENTATION INFORMATION IN STAFF SURVEYS ETC. MERSEYSIDE CHESHIRE
CONTACTS AND RESOURCES Reg. Charity No 1070904
REGIONAL CONTACTS:
The Lesbian and Gay Foundation Princess House, Princess Street Manchester, M1 6DD Ending Homophobia,
0161 235 8035 www.lgf.org.uk
Empowering People
NATIONAL CONTACTS:
ACAS have full guidelines to the laws on their website www.acas.org.uk or can be contacted on 0845 47 47 47 The TUC have a ‘frequently asked question’ section on discrimination and harassment on their website and also operate a know your rights line: 08700 600 4882 (national rates apply)
www.lgf.org.uk
T OUW NO
The DTI has information about equality in employment relations: www.dti.gov.uk Stonewall works with a whole range of agencies to address the needs of lesbians, gay men and bisexuals in the wider community. For more information, see: www.stonewall.org.uk
A GUIDE TO YOUR RIGHTS: FOR LESBIAN, GAY & BISEXUAL PEOPLE is available now from the LGF. Call 0161 236 8035, or download from www.lgf.org.uk