The Employment Equality (Sexual Orientation) Regulations 2003

These regulations apply to all employment and vocational training and include recruitment, terms and conditions, promotions, transfers, dismissals and training. They make it unlawful on the grounds of sexual orientation to:

• discriminate directly against anyone - that is, to treat them less favourably than others because of their actual or perceived sexual orientation;
• discriminate indirectly against anyone - that is, to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified;
• subject someone to harassment. Harassment is unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim;
• victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of sexual orientation;
• discriminate against someone, in certain circumstances, after the working relationship has ended.

Within the Regulations, sexual orientation is defined as:-

Orientation towards persons of the same sex (lesbians and gay men)
Orientation towards persons of the opposite sex (heterosexual)
Orientation towards persons of the same sex and the opposite sex (bisexual).

The Employment Equality (Sexual Orientation) Regulations 2003 in full
Sexual Orientation