These pages provide an overview of legislation designed to protect lesbian, gay, bisexual and transgendered (LGBT) people from discrimination in the workplace. There is also information for library and information professionals on providing services for LGBT users.
Employment
Legislation to protect lesbian, gay and bisexual people
The Employment Equality (Sexual Orientation) Regulations made it unlawful to discriminate in employment or training on grounds of sexual orientation. This entitles lesbian, gay and bisexual people to the same protection in the workplace as women, disabled and black and ethnic minority staff.
This legislation means employers now risk legal claims from staff who:
- Have been treated less favourably than others in, for example, recruitment, training or dismissal, because they are gay, or someone has assumed they are gay, or because they associate with gay people
- Are disadvantaged as a group by workplace practice and policy because of their sexual orientation – for instance, they fail to qualify for certain benefits.
- Have been offended – either intentionally or unwittingly – by homophobic action or comments
The Civil Partnership Act, which took effect in December 2005, affords lesbian and gay people exactly the same package of rights and responsibilities that heterosexual people can derive from marriage. Employers are now required to treat staff who are in a civil partnership in exactly the same way as those who are married.
In 2005 the Employment Equality (Sexual Orientation) Regulations 2003 were amended to take account of the introduction of civil partnership.
More information on civil partnership is available from Stonewall.
Legislation to protect transgendered people
The Sex Discrimination Act has been amended by the Sex Discrimination (Gender Reassignment) Regulations 1999 SI 1999/1102
Transsexual men and women are expressly included in the SDA where they suffer discrimination because they have undergone, or are about to undergo gender reassignment.
Gender Recognition Act 2004
Transexual men and women are now able to have their true gender recognised by law.
Service provision
Legislation to protect lesbian, gay and bisexual people
The Equality Act (Sexual Orientation) Regulations 2007 make sexual orientation discrimination unlawful in the provision of goods and services, in the exercise of public functions, in education and in the rental or sale of premises.
Legislation to protect transgendered people
Sex Discrimination (Amendment of Legislation) Regulations 2008
These regulations prohibit discrimination and harassment against transsexual people by providers of goods, facilities and services.
New Equality Bill
If the Bill becomes law public services will have a duty to actively promote equality to ensure that the services they provide are fair for all. Further details are on the Stonewall website.
Further help
CILIP Members
Members of CILIP now have access to free practical advice on personnel and employment law issues via an employment law helpline.