Sexual Orientation Discrimination – Know Your Rights!

It can often be difficult to know your rights but the Equality and Human Rights Commission (EHRC) can help you better understand them.

Most people assume that they should receive fair treatment but may be a little unsure when, and if, they have actually been treated unfairly. Young people are often uncertain of their rights and this can cause confusion around how they can expect to be treated. You have rights protected by law including protection from unfair treatment that results from your sexual orientation.

Everyone has a sexual orientation. Sexual orientation is a combination of emotional, romantic, sexual or affectionate attraction to another person. In other words, it's about who you are attracted to, who you might fall in love with or want to live your life with. Sexual orientation should not be regarded as just about sex - it is also about a person's identity.

What is discrimination?

Discrimination is being treated unfairly due to something that you have no control over. This could happen for several reasons -, people may be unfairly judged because of their age, race, gender or sexual orientation.

The EHRC explains that legal protection from discrimination on the basis of sexual orientation applies to everyone, whatever their sexual orientation.

This means you cannot be treated less favourably because:

• you are lesbian, gay, bisexual or straight
• people think you are lesbian, gay, bisexual or straight
• you are associated with someone who is lesbian, gay, bisexual or straight, for example a friend, relative or colleague.

When and where could discrimination take place?

Discrimination on the grounds of sexual orientation can happen in many situations and is usually unlawful. For example, in the workplace, you have rights protected by law to prevent discrimination, including harassment, on the grounds of sexual orientation.

You can find out more about your rights as an employee by contacting ACAS (the Advisory, Conciliation and Arbitration Service) who have published a really useful guide on sexual orientation discrimination in the workplace. It explains the regulations around employment equality and sexual orientation, and clearly sets out what your rights are.

You are also legally protected from discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises and the exercise of public functions. This basically means that regardless of your sexual orientation you have the right to be treated the same as anyone else when buying something from a shop, being educated and when using public services.

In certain circumstances, treating someone more or less favourably because of their sexual orientation may be lawful, but these are rare exceptions.

So if you want to find out more about your rights, go to the EHRC website www.equalityhumanrights.com or give the Equality and Human Rights Commission Scotland's helpline a call on 0845 604 5510.

Last modified: 04/03/2010 15:19:13