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Sex discrimination: Gender-specific homophobic abuse is not automatically sex discrimination

This report relates to 1 case(s)

In Pearce v Governing Body of Mayfield Secondary School 7.4.00 EAT 675/99, the EAT upholds an employment tribunal's decision that the only discrimination against a lesbian schoolteacher, who had suffered from regular homophobic abuse by pupils at her school, was on grounds of sexual orientation and not on grounds of sex. The abuse was similar to, and no less favourable than, the kind of homophobic abuse of a hypothetical male homosexual comparator.