What protection is available to lesbian, gay and bisexual workers from December 2003?

New legislation bans discrimination on the grounds of sexual orientation in employment and vocational training. This legislation specifically bans direct and indirect discrimination, harassment and victimization because of sexual orientation. According to the new Regulations, treating people less favorably than others on grounds of sexual orientation constitutes direct discrimination. In-direct discrimination means applying a provision, criterion or practice which disadvantages people of a particular sexual orientation and which is not justified as a proportionate means of achieving a legitimate goal. New legislation defines harassment as unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. New legislation provides protection to lesbian, gay and bisexual workers throughout the entire employment relationship – from recruitment to dismissal. The ban on sexual orientation discrimination applies to terms and conditions, pay, promotions, transfers, training and dismissal.

Who is protected by the new legislation?

The new legislation protects from discrimination on the grounds of sexual orientation regardless of whether a person’s sexual orientation is towards people of the same sex, the opposite sex or both sexes. That means the law protects all people from sexual orientation discrimination: lesbians, gay men, bisexuals and heterosexuals/straight people. The new legislation does not protect people only from discrimination based on their actual sexual orientation. Discrimination on the grounds of assumed sexual orientation is also banned and it is not important whether person’s sexual orientation is assumed correctly or incorrectly. The new legislation also protects those people who are discriminated against because of sexual orientation of the people with whom they associate – their family members and friends. The new legislation covers