Topics

Sexual orientation discrimination

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  • Date:
    15 October 2001
    Type:
    Law reports

    Sex discrimination: Homophobic abuse not discrimination on grounds of sex

    In Pearce v Governing Body of Mayfield School, the Court of Appeal holds that in determining whether a lesbian teacher has been discriminated against on grounds of sex, the correct comparator to use is a male homosexual teacher.

  • Date:
    1 September 2001
    Type:
    Law reports

    Lesbian has no remedy for abuse

    In Pearce v Governing Body of Mayfield School (31 July 2001), the Court of Appeal rules that a female teacher who was subjected to gender-specific, homophobic, verbal abuse was not unlawfully discriminated against on grounds of sex.

  • Date:
    15 August 2001
    Type:
    Law reports

    No retrospective cause of action under human rights provisions for lesbian schoolteacher

    According to the Court of Appeal, the teacher, who was subjected to homophobic taunts and harassment by pupils that did not, at the time they occurred, amount to less favourable treatment on the grounds of her sex under the Sex Discrimination Act 1975 ("the SDA"), could not rely on provisions of the European Convention on Human Rights ("the Convention"), as scheduled to the Human Rights Act 1998 ("the HRA"), to claim retrospective compensation.

  • Date:
    1 July 2001
    Type:
    Law reports

    Scottish court overturns gay discrimination ruling

    "Sex" in the Sex Discrimination Act concerns gender, not sexual orientation, according to the Court of Session in Scotland, writes David Morgan.

  • Date:
    1 July 2001
    Type:
    Law reports

    Sex discrimination and human rights: Sex Discrimination Act is not concerned with sexual orientation

    In Advocate General for Scotland v MacDonald, the Inner House, Court of Session holds that the Sex Discrimination Act 1975, and in particular s.1(1)(a), is concerned with gender, and not with sexual orientation, and s.3(1) of the Human Rights Act 1998 did not enable or oblige the Court to give the word "sex" in s.1(1)(a) any meaning other than gender.

  • Date:
    1 July 2001
    Type:
    Law reports

    Sexual orientation discrimination not sex discrimination

    In Secretary of State for Defence v MacDonald (1 June 2001), the Inner House of the Court of Session rules that discrimination on grounds of sex does not include discrimination on the ground of sexual orientation, and that a male member of the RAF who was dismissed because he was homosexual was not discriminated against on grounds of sex.

  • Date:
    1 June 2001
    Type:
    Law reports

    EAT overruled

    In Secretary of State for Defence v MacDonald the Court of Session has overruled the Employment Appeal Tribunal and held that discrimination on grounds of sexual orientation is not discrimination on grounds of sex within the meaning of the Sex Discrimination Act.

  • Date:
    1 June 2001
    Type:
    Law reports

    Discrimination based on perceived orientation

    In Chambers v SJ Norman & Sons an Exeter employment tribunal (Chair: H Parker) has held that it is unlawful discrimination on grounds of sex to harass a heterosexual man on grounds that he is perceived to be homosexual.

  • Date:
    15 May 2001
    Type:
    Law reports

    Sexual orientation: Dismissal of transsexual prohibited by Community law

    The EC Equal Treatment Directive precludes dismissal of a transsexual for a reason related to a sex change, holds the European Court of Justice in P v S and Cornwall County Council.

  • Date:
    15 May 2001
    Type:
    Law reports

    Sexual orientation: Discrimination against homosexuals not covered by SDA

    The Sex Discrimination Act 1975 does not protect homosexuals from discrimination on grounds of their sexual preference, holds the EAT in Smith v Gardner Merchant Ltd.

About this topic

HR and legal information and guidance relating to sexual orientation discrimination.