Gender Reassignment & Sexual Orientation

-
Gender Reassignment
The Sex Discrimination (Gender Reassignment) Regulations 1999 came into force in England, Scotland and Wales to prohibit discrimination against persons who change their gender. In this context, discrimination occurs when a person is treated less favourably than another on grounds that he or she is to undergo, is undergoing or has undergone, gender reassignment. Compensation for claims under the regulations which amend the Sex Discrimination Act are, like claims under the Act, not subject to any maximum limits.

Under the Sex Discrimination Act employers were, and are able to, discriminate where there is a genuine occupational qualification which predetermines that only a person of a particular sex should carry out the job. A similar exception applies to the new regulations. Thus a person subject to gender reassignment could be denied working:

- with vulnerable persons with personal services promoting their welfare where the gender reassignment would (in the reasonable opinion of the employer) render such services ineffective.

- where intimate body searches are a required part of the work.

- where the person works or lives in a private home and there may be reasonable objection to the inevitable social contract.

- where there are reasonable objections on grounds of decency and privacy and the employer cannot be reasonably expected to make alterations etc.


The incidence of such reassignments, now there is protective legislation, can be expected to increase and employers need to be ready to treat the complications created by such actions with tact, consideration and creativity.

Sexual Orientation
It is unlawful to discriminate on grounds of sexual orientation. Employers (and those they employ or direct) must not:

- treat workers less favourably because they are, or are perceived to be, gay, lesbian, bisexual or heterosexual.

- subject workers to harassment (in which regard employers are responsible for the acts of their employees) because they (or someone connected with them - e.g. a son or daughter) have a sexual orientation.

- discriminate against a person after their employment has ended on such grounds (e.g. not providing a reference because a person is, for example, gay).


Employers may need to assess whether there is a genuine occupational requirement (GOR) for certain jobs (for example, in certain countries homosexuality is illegal and it would seem to be acceptable to employ only a person who is heterosexual for such work).

Comments

Post a Comment

Popular posts from this blog

Canteens and Rest Rooms for Employees-Cooperation, Employee's Duty Of

-
Canteens and Rest Rooms for Employees Key points Whether or not employers are legally-bound to provide their workers with dedicated canteens or rests room will depend in large part on the type of activity or process in which an employer is engaged. Regulation 25(5) of the Workplace (Health, Safety & Welfare) Regulations 1992 - that apply to every workplace - states that 'suitable and sufficient facilities shall be provided for persons at work to eat meals where meals are regularly eaten in the workplace'. By way of explanation, the accompanying Approved Code of Practice points out that 'seats in work areas can be counted as eating facilities provided they are in a sufficiently clean place and there is a suitable surface on which to place food. Eating facilities', it continues, 'should include a facility for preparing or obtaining a hot drink, such as an electric kettle, a vending machine or a canteen'. Furthermore, 'workers who work
Read more

Dismissal for Lack of Qualifications

-
Image
Key points §   'Lack of qualifications' is one of the permitted (or legitimate) reasons for dismissal listed in section 98(2) of the Employment Rights Act 1996. The expression qualifications means any degree, diploma or other academic, technical or professional qualification relevant to the position that a dismissed employee held ( ibid. section 98(3)(b)). §   Although an employee can legitimately be dismissed for not having the qualifications needed to do his (or her) job, that is not necessarily an end to the matter. What an employment tribunal must decide is whether the dismissal was fair. Given the particular circumstances (including the size and administrative resources of his undertaking) did the employer act reasonably or unreasonably in treating the employee's lack of qualifications as a sufficient reason for dismissing him? That question, says section 98(4) of the 1996 Act, shall be determined 'in accordance with equity and the substantial merits of the case&
Read more

Pseudo-Employees | Part-Time Employees

-
Individuals carrying out work for an Organisation for payment are not necessarily employees of that Organisation. The distinction between the self-employed who carry out work for an Organisation under what is a 'contract for service', and employees who carry out work under a 'contract of service' is unclear. Employment legislation sometimes gives benefits and/or rights to 'workers' rather than 'employees'. All employees are workers but not all workers are employees. Determination Guidance as to whether a person is or is not self-employed and therefore not an employee, can be gained from the answers to questions such as: a. Does the person have managerial control over their own activities? b. Do they have investment control over their actions? c. Have they the right to hire and fire their own staff? d. Are they registered for VAT? e. Can the individual refuse to carry out work offered without sanction? If the answers are YES then almost certainly the pers
Read more