Equality for lesbians and gay men in the workplace
Lesbians and gay men are not protected against discrimination under any specific legislation in the employment field. Nor can they find protection under the Sex Discrimination Act. However, following recent developments, prohibition of discrimination on grounds of sexual orientation may now be only a matter of time. Employers would be well advised to look at their employment policies to ensure that they do not discriminate on grounds of sexual orientation. In this feature we examine areas of potential discrimination and provide examples from both the public and private sector of employers who have already taken action to ensure equal treatment for all employees regardless of sexual orientation.
In the absence of legislation expressly outlawing discrimination on grounds of sexual orientation, those seeking protection against such discrimination have long argued for a liberal interpretation of the Sex Discrimination Act. However, in February last year, the EAT declared in unequivocal terms that discrimination on the grounds of sexual orientation is not discrimination on grounds of sex (Smith v Gardner Merchant Ltd (EOR 67)).
Since then there have been a number of developments which together indicate that the tide is turning. First, the UK has a new Government, which in opposition expressed support for outlawing discrimination on grounds of sexual orientation. Though there was no public commitment to such protection in the run-up to the last general election, unlike the express commitment made in the 1992 campaign (EOR 42), Labour in opposition was, as late as last summer, talking of legislation. Speaking at last year's TUC gay and lesbian workers conference, current Heritage Secretary Chris Smith was "confident" that Labour would legislate within the first five-year term of Government.
Secondly, the EU Amsterdam Treaty which, at the time of writing, was being discussed by European leaders at the Amsterdam summit, contains a non-discrimination clause which gives the Council power to "take appropriate action to combat discrimination" based on a wide range of grounds, including sexual orientation.
Thirdly, there is recent European Court of Justice case law. In P v S and Cornwall County Council (EOR 68) the ECJ held that discrimination on grounds of a gender reassignment contravenes the EC Equal Treatment Directive. The Court took the view that "the scope of the Directive cannot be confined simply to discrimination based on the fact that a person is of one or other sex." It applies to discrimination arising from gender reassignment because "such discrimination is based, essentially if not exclusively, on the sex of the person concerned . . . To tolerate such discrimination would be tantamount, as regards such a person, to a failure to respect the dignity and freedom to which he or she is entitled, and which the Court has a duty to safeguard." Such a purposive view has clear implications for challenges to employment discrimination against gays and lesbians.
Currently, in two separate cases, both referred from the UK, the ECJ has the opportunity to address the question: Does discrimination on grounds of sexual orientation fall within the prohibition in the Equal Treatment Directive? In Grant v South West Trains Ltd (EOR 69), a female clerical worker with a rail company, backed by Stonewall, the national lobbying organisation for equality for lesbian and gay men, is claiming the same travel concessions for her lesbian partner as her heterosexual colleagues receive for their partners.
In the second case, R v Secretary of State for Defence ex parte Perkins (EOR 73), a serving naval officer was dismissed for no reason other than his sexual orientation. In a forceful decision, Mr Justice Lightman took the view that the applicant has a "significant prospect of success". He said: "After the decision in [P], it is scarcely possible to limit the application of the Directive to gender discrimination . . . there must be a real prospect that the European Court will take the further courageous step to extend protection to those of homosexual orientation."
In the light of these developments, as Angela Mason, director of Stonewall, said in her Agenda piece (EOR 71), "the far-sighted employer would be prudent to look at existing policies and practices now to ensure that they do deal with sexual orientation discrimination."
In this feature we first examine recent evidence that gay men and lesbians experience discrimination and harassment in the workplace. We then outline some of the areas which a "far-sighted" employer would do well to consider, and provide some examples of employers which have introduced good practice ahead of any legal imperative to do so.
Widespread discrimination
In 1992, the Labour Research Department (LRD) carried out a questionnaire survey1 distributed by several unions to their branch members (EOR 45). Of the 362 respondents, 61% were lesbians, gay men or bisexual. A key finding was that nearly a quarter of respondents had personally experienced, or knew cases of, harassment or victimisation of lesbian and gay workers. Although 90% said that there was an equal opportunities policy at their workplace, only 62% of this group said that the policy covered sexuality. The proportion who were "out" at work about their sexuality was higher among union post-holders (80%), than among lesbian, gay or bisexual respondents as a whole (60%).
1"Out at work: lesbian and gay workers' rights". LRD 1992.
A survey of nearly 2,000 lesbians, gay men and bisexuals at work - the largest survey of its type to be carried out in Britain - was conducted by Stonewall in 1993 (EOR 52). The questionnaire was distributed via mailing lists of gay businesses, publications, and social groups. The report2 found that one in six respondents (15%) had at least one experience of discrimination; a further 21% suspected that they had; and 8% had been dismissed because of their sexuality. But the findings indicated that "discrimination by employers is only part of the problem. Harassment is a much bigger problem, and discrimination avoidance, including the closet, is the biggest problem of all." In the area of recruitment, 5% said they knew that they had been discriminated against and 17% suspected that they had been. A similar proportion (5%) said they knew they had been denied promotion because of discrimination and 19% suspected they had been.
2" Less equal than others. A survey of lesbians and gay men at work", Stonewall, 1993.
Almost half the respondents (48%) considered that they had been harassed because of their sexuality. A high proportion concealed their sexual orientation at work to avoid discrimination or harassment. Only 11% said they had never concealed their sexuality at work, compared with over half (56%) who had concealed it in some jobs, and 33% in all jobs.
As in the LRD survey, the majority (79%) said that their employer had an equal opportunities policy. But just over a quarter of private sector employees said that the policy covered sexual orientation, compared with nearly two-thirds of public sector employees, and around nine out of 10 voluntary sector employees.
The most recent study, published by Social and Community Research in 19953, found that discrimination was "widespread" against gay men and lesbians (EOR 62). The findings are based on the first representative sample of lesbians and gay men, drawn randomly from the National Survey of Sexual Attitudes and Lifestyles. Of the respondents, 116 defined themselves as homosexual, or as having been homosexual in the past, and 619 people as heterosexual. In the sphere of employment, 21% of those who defined themselves as homosexual had been harassed at work; 8% had been refused promotion because of their sexuality, 6% had tried to get a job and failed, and 4% had been dismissed.
3"Discrimination against gay men and lesbians, a study of the nature and extent of discrimination against homosexual men and women in Britain today", by D Snape, K Thomson and M Chetwynd, SCPR, 1995.
To avoid discrimination many respondents said that they concealed their sexuality. Over half said that none of their work colleagues knew about their sexuality, and only one-fifth said that all their colleagues knew. The report suggests that those who concealed their sexuality were less likely to experience some form of discrimination, but pointed out that "the strain and indignity of keeping such an integral part of their lives a secret is one of the most insidious forms of discrimination that homosexual people experience."
Evidence from in-depth interviews with respondents showed that employers were considered as having a key role in ensuring that their own practices were not discriminatory. Senior people within organisations were expected to "take the lead in being non-discriminatory in their own dealings with employees and encouraging a non-discriminatory atmosphere".
These three surveys all point to the existence of significant levels of discrimination and harassment in the workplace of employees on the grounds of their sexual orientation. Below we examine key areas that need to be addressed to promote equal treatment of lesbian, gay and bisexual employees, and provide some examples of good practice from both the public and the private sector.
EO policies
A key issue with respect to equal opportunities policies is whether discrimination against gay men and lesbians is explicitly included in any list of unacceptable grounds for discrimination. Whereas in the early days of equal opportunities policies, race and sex discrimination were usually the only areas mentioned, policies now tend to commit an employer not to discriminate on other grounds, such as disability, age, marital status, nationality, and religion.
Guidelines on good practice from a number of organisations suggest that if any such list is provided, sexuality or sexual orientation should be specifically included. Anya Palmer, deputy director of Stonewall, is concerned that the more general statements, in which no groups are named, may make it "harder for lesbians and gay men to raise issues around equality if they are not explicitly covered by the policy".
Lesbian and Gay Employment Rights (LAGER), an independent agency which gives support and advice to lesbians and gay men, also recommends in its Equal opportunities for lesbians and gay men, guidelines to good practice in employment, that the equal opportunities statement "should name the groups covered by the policy and affirm positive action in fighting discrimination."
Similarly, the TUC's charter for Lesbian and gay rights at work states: "An important first step is to negotiate equality agreements with employers which refer specifically to discrimination against lesbians and gay men." (The Charter is reproduced on pp.22-23.)
According to Stonewall, "finding appropriate wording may be a problem. Some policies refer to sexuality, some to sexual orientation, and some to applications being welcome from lesbians and gay men." LAGER argues that the words "lesbians" and "gay men" should be used: "Unless it is made clear who is offered protection in the policy, the policy will be less effective and can be applied too loosely or vaguely." Stonewall notes that lawyers tend to prefer the term "sexual orientation", as "sexuality" can refer to unacceptable sexual tendencies such as paedophilia or bestiality. But it notes that "in spoken language people tend to use 'sexuality' rather than 'sexual orientation'," and takes the view that "it does not matter greatly which wording is used, so long as the policy is carried through in practice."
Private sector policies
As the evidence from the Stonewall survey in 1993 showed, private sector organisations have lagged behind public sector organisations in including sexual orientation in their policy statements. However, some major private sector organisations do specifically include sexual orientation.
"We seek to treat all Midland employees with dignity and respect and we will provide a working environment free from unlawful discrimination, victimisation or harassment on the grounds of sex, age, marital status, disability, sexuality, race, colour, religion, ethnic or national origin."
Midland Bank, A guide for Midland employees
"We want a working environment which is free from unfair and unlawful discrimination and harassment. Employees or applicants for employment will not receive different treatment because of personal criteria. This includes a person's race, colour, nationality, religious belief or affiliation, sex, sexual orientation, marital or family status, age, current or past disability, ethnic or national origin."
Rank Xerox, Equality & diversity policy
Jo Seery, research officer at Bifu, the banking insurance and finance union, says that in the past a number of finance sector employers have not included sexuality on the grounds that "sex" should be read as including sexuality. The union's latest equality audit found that eight out of 20 employers now specifically include sexuality/sexual orientation in their equal opportunities statement.
Public sector policies
In the public sector, the inclusion of sexual orientation in equal opportunities statements is more prevalent.
For example, a number of police authorities specifically mention sexual orientation. These include the Metropolitan Police Service, Sussex Police and the West Midlands Police Authority.
"No job applicant or employee shall receive unfavourable treatment directly or indirectly on the grounds of gender, sexual orientation, marital status, race, nationality, ethnic origin, religious beliefs and where applicable trade union membership, age or disability."
West Midlands Police Authority, Equal opportunities policy
In June 1995, the Association of Metropolitan Authorities (AMA) distributed a questionnaire on employment issues in relation to lesbians and gay men to all member authorities. Of the 48 responses, 90% said that their equal opportunities policies covered lesbian and gay employees, 6% did not, and 4% did not specifically cover them.
Some local authorities also have more detailed statements within the policy on gay men and lesbians. Two examples are Manchester City Council, and Liverpool City Council (see boxes on pp.24-25).
Harassment policies
The same considerations apply with respect to harassment policies as to equal opportunities policies. Some organisations favour general policies which deal with harassment on any grounds, but which do not name any groups covered. Others have policies which specify the types of harassment covered by the policy. Stonewall suggests that if there is a list of groups covered then harassment on the grounds of sexuality should be specified.
Manchester City Council's harassment policy usefully identifies some types of "unwanted conduct based on sexuality which is offensive to the recipient". These include:
Monitoring
An integral part of an equal opportunities policy is provision for monitoring its implementation. In the areas of gender, race and disability, a key aspect of monitoring concerns the profile of the workforce. In areas where a particular group is underrepresented, the impact of any positive action measures to address underrepresentation may be monitored.
However, in the case of lesbians and gay men, as Stonewall points out, the question is not one of underrepresentation: "Despite the problems they may face, there are likely to be lesbian and gay employees at every level . . . The question is, are they allowed to be themselves - or do they have to live a double life? This makes monitoring in the usual sense impossible. It would be very difficult to ask all staff about their sexuality, and inadvisable to believe the results since you cannot force people to 'come out' if they don't want to."
A similar point is made by the Bar Council in its equality code in relation to recruitment: "Applicants would be concerned that monitoring data might be seen by decision makers and would not remain confidential. Where this fear exists, the collection of monitoring data on sexual orientation is impractical."
In its Guidelines on good practice on employment issues in relation to lesbians and gay men, based on responses to its survey of local authorities, above, the AMA suggested that standard performance indicators and equality targets were not practicable because of the concerns lesbians and gay men have about the prejudice they may encounter. But alternative suggestions were that the local authority could specifically invite lesbian and gay employees to comment on policies; and that lesbian and gay employees could be invited to complete anonymous questionnaires. Monitoring could also be carried out of internal reports on equality issues to "ensure that lesbian and gay issues are always addressed".
Since these guidelines were produced, Liverpool City Council's central policy unit has developed a "Lesbian and gay equality checklist", to be used for monitoring the action being taken by individual directorates across the council. The questions cover areas including: action plans; resources specifically dedicated to lesbian and gay equality; training of employees on the implementation of lesbian and gay equality in their area of work; monitoring of employment, harassment and discrimination; implementation, policy and procedures; and service delivery issues. The checklist has been circulated to each directorate by the chief executive with a request for its completion during the year.
The council also has checklists on race, gender and disability. By developing a specific one on lesbian and gay issues, the council is seeking to ensure that gay and lesbian issues are explicitly addressed and not invisible. In addition, the checklist is a useful tool for managers in identifying what further steps they should be taking to implement the council's equality policy and incorporating these in their action plans.
Stonewall recommends that monitoring could be carried out of complaints of harassment which the surveys indicate can be a major problem for lesbians and gay men. An organisation should consider whether an absence of complaints from lesbians and gay men means that "there is no harassment going on - or is there a lack of confidence in the harassment policy?"
Manchester City Council requires its managers to fill out a monitoring form each time they deal with a complaint of harassment. The form has a section on type of harassment alleged which includes the categories harassment of lesbians and harassment of gay men. The forms are used for monitoring in which sections of the Council harassment is particularly prevalent, and which groups appear to be most subject to harassment. But the form does not request any information which would enable identification of the complainant or alleged harasser.
Equal benefits
A central aspect of equal treatment in the workplace is ensuring that lesbians and gay men are employed on the same terms and conditions as other employees. What this means in practice is that any benefits which are made available to a heterosexual partner should apply equally to a partner of the same sex.
LAGER cites the following case as typical of those it receives concerning unequal treatment with respect to benefits:
"A lesbian working for an engineering company in the Midlands contacted LAGER about her entitlement to bereavement leave. Her partner had died suddenly and our client had to take a week off to make funeral arrangements. She took some days as annual leave but thought she would be entitled to three days' bereavement leave. She was outraged when the company 'docked' her pay by three days. Her union representative said that the company was not able to pay bereavement leave for a same-sex partner as it would 'open the floodgates'. The woman concerned was too upset to take any further action."
Workplace benefits include leave arrangements, pensions, health insurance, and free or subsidised use of the employer's services, such as travel concessions. We consider each of these areas below.
Leave arrangements
The main types of leave provided by employers are special leave (including bereavement leave and leave for family reasons), and maternity and paternity leave.
With respect to special leave, this provision usually covers the death or serious illness of a family member. If the wording of a policy uses the term "spouse" then this will usually be construed as not applying to same-sex partners.
Virgin Our Price, for example, has reviewed all its policies to ensure that they do not discriminate against employees with partners of the same sex. Where benefits apply to employees' partners, the policy always uses the term partner, and does not specify that the partner must be a "spouse", "married partner" or of the opposite sex.
The company's family leave policy states that the leave exists in recognition of that fact that an increasing number of employees do have family commitments. The amount of leave is discretionary and is primarily to cover the "serious ill health of a family member/partner or for the death of a family member/partner".
In the case of paternity leave, an organisation may decide to restrict eligibility for leave to the biological father, or to extend it to a "nominated carer". In the latter case, the nominated person could be a same-sex partner. EOR carried out a survey of paternity leave agreements in 1994 (EOR 55). Just under a quarter of the 249 respondents extended paternity leave to a nominated carer. The majority of these employers were in the public sector. For example, the London Borough of Camden's policy states that the woman may "nominate any employee male or female"; the London & Quadrant Housing Trust specifies that partners in lesbian relationships are eligible; and Riverside Mental Health Trust's policy states that "lesbian women are afforded equal rights to men in respect of paternity leave applications."
Pensions
Most pension schemes make provision for two kinds of benefits in the event of a scheme member's death before retirement: lump sum benefits and dependant's benefits. It is usually possible for a member to nominate anyone they choose as the recipient of the lump sum. But with respect to the survivor's benefits, the scheme may specify that the widow's or widower's pension can only be paid to a married partner. This is true of the majority of public and private sector schemes. In some cases the scheme allows the survivor's pension to be paid to an unmarried partner, but specifically excludes a same-sex partner.
A survey by Pensions World in June 1996 of the treatment of non-married partners in 24 public and private sector pensions schemes found a wide variation of provision. Some schemes made provision for same-sex partners, including BT, Powergen and Scottish Power, subject to eligibility criteria of financial dependency. But a number of schemes, including the Ford Motor Co, did not include same-sex partners. Many schemes said that ultimately the payment of benefits was at the discretion of the trustees.
Bifu's equality audit in October 1996 found that only six out of the 20 finance employers covered by the audit would provide pensions for same-sex partners. In these six cases provision is discretionary and subject to satisfying dependency criteria.
The National Association of Pension Funds carries out an annual survey of occupational pension schemes. Its 1996 survey, which covered over 640 employers and around 40% of all occupational scheme members in the UK, confirmed a trend for categories of people other than spouses to be eligible for benefits. Over 60% of private sector schemes can provide pensions to a dependant other than a partner or children, and 31% of public sector schemes can do so. Just over 20% of private sector schemes and nearly 10% of public sector schemes will consider making provision for same-sex relationships, according to the survey.
All pension schemes are subject to Inland Revenue rules which provide that pensions may be paid to widows and widowers as of right, but in other cases can only be made where the beneficiary is "financially dependent" on the member. After discussions with Stonewall, the Inland Revenue revised their previous restrictive definition of financial dependence to include "interdependence":
"An unmarried partner, whether of the same or opposite sex, can qualify for a survivor's pension if he or she were financially dependent on the employee. Financial interdependence of the employee and his or her partner would be an acceptable criterion, eg where the partner relied upon a second income to maintain a standard of living which had depended on joint income prior to the employee's death."
Inland Revenue, Practice Note, May 1996
According to Stonewall, "there is now nothing in law to prevent any private occupational scheme making survivor's benefits payable to unmarried partners, including same-sex partners, or to their children." It recommends that if the current rules of a scheme do not allow payments to same-sex partners, an employee should "draw the trustees' attention to the recent Inland Revenue Practice Note and ask them to change the rules."
An example of a company which does cover same-sex partners is American Express. According to the company:
"Whilst employed and a member of the American Express UK Pension Plan, single employees may nominate a partner to receive a pension in the event of their death. The nomination may be changed at any time during employment. At retirement, as part of their overall retirement options, a single member may elect a partner to receive a pension in the event of their death during retirement.
For pension purposes a partner may be a live-in partner, of either sex; or any other adult who is financially dependent on the member. (Restrictions to partner pensions would only be made to meet Inland Revenue requirements.)"
British Airways reviewed its pension arrangements last year, and as from 15 May 1996, a surviving dependant's pension is no longer payable only to the legal spouse at the date of death. Its guidance for employees on the scheme states:
"Where a spouse's pension has been paid for but there is no legal spouse at the time of your death, the Trustees will have power to pay the spouse's pension to a 'surviving dependant' (or to split the spouse's pension between two or more 'surviving dependants' if applicable). Broadly speaking, a 'surviving dependant' is someone who is dependent on you at the time of your death. The dependency should be of a financial nature, whereby you support the other party in everyday essential respects. Financial interdependency can also qualify, where, for example, you are in a 'live-in' relationship and the surviving partner would need a second income to maintain the standard of living which had previously depended on your joint incomes. It does not matter if of your dependant is of the same or opposite gender."
The TUC is actively campaigning on the issue of equal treatment in public sector pension schemes. In 1995, with the backing of unions across the public sector, it published a report, Pensions and prejudice in public sector pension schemes, highlighting the discrimination against unmarried partners and same-sex partners in six public service schemes, including the Teachers' Superannuation Scheme, the NHS Superannuation Scheme and the Principal Civil Servants' Pension Scheme.
Individual unions are also pressing for change. For example, the Civil Service unions are actively campaigning for changes to their pension scheme to include unmarried and same-sex partners. When Unison - the UK's largest trade union - held its annual national lesbian and gay conference this year, a key motion was on equal rights for pensions. The motion supported a national campaign to end discrimination in public sector pension schemes against unmarried partners, including same-sex partners. Part of the campaign is for the right of each individual public sector worker to nominate a person he/she wishes to receive their pension in the event of their death. The motion was passed at the conference and is now the policy of the union as a whole.
Health insurance
Some organisations provide employees with private health insurance cover. Provision may be restricted to the employee or the employee's family may also be covered.
According to one of the major providers of private health insurance, BUPA, the issue of whether same-sex partners are covered by the scheme is entirely at the discretion of the employer, not BUPA. There is no reason why same-sex partners should not be covered, but it is up to the company to specify who, and how many people, are covered.
American Express operates a group medical aid scheme where eligible employees are automatically covered for single cover at no cost. If they wish, employees can purchase additional cover for partners and/or dependent children. A partner may be a live-in partner of either sex.
Other employer benefits
Among the benefits that may be provided for employees are free or concessionary travel for staff of public transport companies and discounts on products in retail organisations. Where these benefits exist, they may be extended to employees' partners. In these cases, equal treatment requires that same-sex partners be included.
Many organisations have customarily restricted such privileges to spouses, or to spouses and heterosexual non-married partners (see the Grant case, above). But recently some organisations have reviewed their policies and explicitly extended the provisions to same-sex partners.
British Airways extended its travel concessions and issued a new policy in April 1995, which states that "unmarried staff have the option to nominate a close relative, travelling companion or a partner of their choice - who can be of the same gender - to enjoy the same travel concessions that are available to married members of the workforce."
The John Lewis Partnership has extended entitlement to its discount on goods in department stores and Waitrose stores from a spouse to a beneficiary nominated by an employee. The policy defines a "nominated beneficiary" as "a person with whom you live as a couple in a long-term relationship . . ." The employee has to register a nominated beneficiary and confirm the relationship. That person and his or her dependants then qualify for a discount one year after being nominated, subject to confirmation that the relationship is continuing on the same basis.
The workplace culture
The surveys by Stonewall and by the SCPR, above, revealed that a significant proportion of lesbian and gay employees conceal their sexual identity to avoid discrimination.
The issue then for an organisation is what it can do to create a working environment in which lesbian and gay employees feel able to be open about their sexuality. As Manchester City Council makes clear "an important step in removing discrimination on the grounds of sexual orientation is one of providing support and encouragement to workers not to conceal or deny their sexuality" (see box).
Formal policies prohibiting discrimination and harassment and provision for same-sex partners with respect to benefits are essential in demonstrating an organisation's commitment to equal treatment. With respect to social events, as the Bar Council's equality code states, an organisation can ensure that assumptions are not made that partners are always of the opposite sex and that invitations are addressed to "partners" rather than "spouses" (see box at left).
Despite such action, however, it may be that measures other than formal policies are required to provide informal support for gay and lesbian employees in the workplace.
Stonewall recommends that employers should encourage the development of lesbian and gay groups in the workplace and should consult these groups on policies and procedures affecting them.
Another step taken by some organisations is to appoint a member of staff whose brief it is to support gay and lesbian employees. This might be a member of an equality team, or a designated officer within personnel. One example is South Yorkshire Police, which acknowledged that there might be a number of gay and lesbian police officers and civilian personnel who might be experiencing problems or difficulties or just need advice. It therefore took the bold step of appointing a contact officer "to assist and advise colleagues on any matters whether it be work or family."
A civilian officer was appointed to the post in early 1996. Her role as lesbian/gay/bisexual officer is to give confidential advice and support to civilians, officers and their families. People come to her to discuss a variety of both workplace and personal issues, and she believes her existence does contribute towards creating an environment where officers may eventually feel able to be open about their sexuality. At the moment, despite policies of equal treatment and the inclusion of sexual orientation in the harassment policy, she believes that some officers are still concerned that being "out" might affect their career prospects. Although it is Police Federation policy that officers can nominate a beneficiary with respect to all benefits, some officers are concerned that by nominating a same-sex partner they are, in effect, "coming out".
The officer has also set up a gay support group which meets in Doncaster to promote more sensitive policing of the gay community. Members of the community can go to the group and report incidents without going in person to the police. The information is treated in confidence and only used by the group to monitor incidents, unless the person wishes the report to be passed to the police. The group also runs gay awareness training sessions for organisations. South Yorkshire Police is now providing awareness training for its own officers, a process which the officer sees as "slow but productive".
Positive action advertising
Another measure that an employer can take to indicate its public commitment to gay and lesbian employees is to take steps to reach gay and lesbian applicants when advertising job vacancies. In addition, the advertisement can make clear that applications from the gay community are welcome.
Both South Yorkshire Police and the Sussex Police are among a number of employers who have taken this action. The Sussex Police advertised for police officers in the gay press - The Pink Paper - stating that "Applications are welcome from lesbians and gay men: but there is no obligation to state your sexuality." In the local Argos the advertisement said: "In line with the Chief Constable's vision of a service rooted in the community, the Force is widening its appeal to women, ethnic minorities, and the gay community."
Conclusion
Morally, it is wrong to discriminate on grounds of a person's sexual orientation. It also makes no business sense to reduce one's pool of talent in this way. Legally, it is not unlawful - not yet. It is only a question of time before it becomes so. Employers should act now to adopt and implement a comprehensive equal opportunities policy which includes sexual orientation. Policies and practices should be reviewed to ensure that they do not discriminate against gays and lesbians. Failure to do so could prove costly. EOR's compensation survey (p.13) shows that one in 10 awards in sex and race discrimination cases is for £20,000 or more. Awards of up to £114,000 are reported. The scale of compensation awards for discrimination on grounds of sexual orientation is unlikely to be any different.
Lesbian and gay rights at work
Extract from A TUC charter for equality of opportunity
There are lesbians and gay men in all types of workplace, in all age groups and in all parts of the country. However many remain "invisible" in the workplace, forced to hide their identity and unable to talk about their private lives because of the prejudice and discrimination they face.
What can trade unions do?
Recognise that discrimination against lesbians and gay men is a trade union issue affecting thousands of workers. Trade union action on lesbian and gay rights should be an integral part of overall policy to fight discrimination and protect workers' rights. These are some steps which unions can take to ensure that lesbian and gay rights are included on the bargaining agenda.
Equal opportunities policy
An important first step is to negotiate equality agreements with employers which refer specifically to discrimination against lesbians and gay men. These can either be clauses in appropriate collective agreements or separate agreements in themselves . . .
Terms and conditions of employment
Conditions of employment and collective agreements should be examined for provisions which may indirectly discriminate against lesbian and gay employees - provisions such as occupational pension schemes or arrangements for family, carers' or bereavement leave often cover only married couples and do not recognise lesbian and gay partners.
Grievance and disciplinary procedures
Existing grievance procedures should be reviewed to ensure that they cover cases of discrimination on the grounds of sexuality.
Within the union
Trade union policy on fighting discrimination against lesbian and gay employees should be communicated throughout the union, to stewards and members. It should be made clear that the union will not tolerate such discrimination and will support members who are victimised for being lesbian or gay.
Equal rights under the law
Current legislation discriminates against lesbian and gay men and is in urgent need of review. Trade unions should campaign for legislation to protect lesbians and gay men from discrimination in all areas of life.
Manchester
City Council
Extract from Equal opportunities in employment policy statement
Sexual orientation
The council recognises that lesbians and gay men experience very different forms of oppression and although there are some common areas, it is important to accept the need for specific policies for both lesbians and gay men.
Lesbians
A person's sexuality is not a matter which the council will take into account in determining suitability for recruitment, promotion, training or transfer for any council post and will not be grounds for dismissal from any council job. The council accepts that an important step in removing discrimination on the grounds of sexual orientation is one of providing support and encouragement to workers not to conceal or deny their sexuality. It therefore welcomes job applications from lesbians and gay men and commits itself to ensuring that their right to be open about their sexuality will be respected.
It recognises that fear of discrimination is the major factor which forces lesbians to conceal their sexuality, to present themselves as heterosexual, or not to apply for jobs which they are as capable of doing as non-lesbians. In certain areas, such as work with children and young people, this discrimination is built on false assumptions, myths, and stereotypes about lesbians and has been widespread. The council also recognises the double oppression of lesbians that as women they too suffer the social attitudes that deprive women of opportunities to realise their full potential. The council understands that an important step in combating both oppressions is in comprehensive awareness training and will run training courses to this end.
The council recognises the need of lesbian mothers to work and confirms that its employment practices must be general to the needs of lesbian mothers and lesbians responsible for children and dependants. The council ensures that all rights accorded to working parents should be the same for lesbians and/or their partners. Lesbians and their partners should be accorded the same benefits in terms of special leave as their heterosexual colleagues. The council recognises the particularly discriminatory way the law is applied to lesbian mothers in custody cases and will therefore support any of its employees in this position and will give sympathetic consideration to applications for special leave.
The council will not tolerate any harassment, whether physical or verbal, of lesbians and their children by members of the public or colleagues. It is committed to maintaining grievance, disciplinary, and other codes of practice to deal effectively with any incidents which may occur. The council recognises that information and training to increase awareness and support for the policy relating to lesbians is an essential aspect of its development.
Gay men
A person's sexuality is not a matter which the council will take into account in determining suitability for recruitment, promotion, training or transfer for any council post. A person's sexual orientation will not be grounds for dismissal from any council job. It recognises that fear of discrimination is the major factor which forces gay men to conceal their sexuality, to present themselves as heterosexual, or not to apply for jobs which they are as capable of doing as non-gay people. In certain areas, such as work with children and young people, this discrimination is built on false assumptions, myths, and stereotypes about gay men, and has been widespread.
The council accepts that an important step in removing discrimination on the grounds of sexual orientation is one of providing support and encouragement to workers to be open about their sexuality. The council will work to create an atmosphere where gay men will feel more able to do this. It therefore welcomes job applications from gay men and commits itself to ensuring that their right to be open about their sexuality will be respected. Gay men and their partners should be accorded the same benefits in terms of special leave as their heterosexual colleagues.
The council will not tolerate any harassment, whether physical or verbal, of gay men by members of the public or colleagues. It is committed to maintaining grievance, disciplinary, and other codes of practice to deal effectively with any incidents which may occur. The council recognises that information and training to increase awareness and support for the policy relating to gay men is an important aspect of its development.
Liverpool
City Council
Lesbian and gay equality policy statement
Liverpool City Council recognises that same-sex relationships are a common feature in all cultures and that there is a long history of disadvantage and discrimination towards lesbians and gay men. The city council is committed to ensuring equal treatment of its employees who are lesbian or gay and will ensure that its procedures and practices in delivering services are not based on the assumption that all its service users are heterosexual.
The city council recognises that there are important differences between the lives of women and men and that many lesbians and gay men are also disabled, unemployed, black, working class, parents and therefore face other forms of discrimination which combine with those relating to their sexual identity.
The city council fully supports the right of lesbians and gay men to be open about their sexual identity ("out") if they so choose. Furthermore it intends to create an environment where lesbian and gay service users and employees will be confident they will receive the same treatment as heterosexuals.
The city council will ensure that wherever within its power, service conditions of employees offer the same benefits to same-sex relationships as heterosexual relationships, including pensions, special and parenting leave.
The city council will not tolerate harassment based on unjustified views of heterosexuality being the "normal" form of relationship. Harassment on the grounds of a person being lesbian or gay will be treated as a serious disciplinary matter.
A particular feature of the discrimination experienced by lesbians and gay men is due to negative stereotyping and their invisibility as a recognisable group. The city council will therefore develop a positive public profile for its work towards lesbian and gay equality.
There is no legislation which protects the rights of lesbians and gay men. Whilst there is legislation which does discriminate against the rights of lesbians and gay men, the city council is committed to developing clear policy and practice for all employment and service areas in relation to equality for lesbians and gay men.
The
General Council of the Bar
Extract from Equality Code for the Bar
Advice to chambers
Chambers are recommended to take the following steps to promote equality of opportunity for pupils and members of chambers:
(1)Adopt an equal opportunity policy making it clear that chambers will not discriminate on the grounds of sexual orientation and will offer equal opportunity to potential and actual members of chambers, whatever their sexual orientation. Ensure that all members, staff and applicants to chambers are aware of this policy.
(2)Work to create an atmosphere in which people find it unnecessary to conceal their sexual orientation. Do not assume, for example, that partners are necessarily of the opposite sex. Invitations to functions addressed to the partners of pupils and barristers should be made in gender-neutral terms such as "partner" rather than "spouse". . .
(3)Ensure that lesbians, gay men and bisexuals receive the same support as others in situations such as the death or illness of a partner.
(4)Ensure that tenants and members of staff know that jokes about sexual orientation are usually offensive and should be avoided in chambers. They may be found insulting and threatening by people who have suffered abuse and discrimination in their daily lives.
