Mgt 311 Week 4 Managing Workplace Diversity
MANAGING WORKPLACE DIVERSITY
INDEX:
Abstract
Introduction
Discussion History Discrimination Legislation
Discrimination faced by LGBT community
Laws and regulations
Laws protecting LGBT community in United Kingdom
Conclusion
References
Abstract
Sexual orientation is a serious concern these days prevailing in the society as well as workplaces. Chauvinism is followed in place of equality. Equality is one factor which concerns the most in today’s world. Equality is the current term for “equal opportunities”. Equality is about fostering and promoting right to be different, right to their beliefs and values, and to be free from any kind of discrimination. In every workplace equality is the very basis of employment. Being …show more content…
a gay, lesbian or bisexual is the very own choice of an individual. All such people are making their way in each and every sector of the society. Thus, the question that arises now is should such employees be discriminated in the workplace due to their sexual orientation, rather should women be considered below men in the workplace or no? Can these employees be protected? Are there any laws and policies to protect them from discrimination? I have talked about all these issues in my report. My particular country for this research and report is United Kingdom. (Anon, 2011)
After proper research work and looking at all the important aspects concerning sexual orientation I have prepared my report. In this report I have elaborated precisely the various types of acts and laws enacted by the government of United Kingdom in order to safeguard the LGBT (lesbian, gay, bisexual and transgender) community from sexual orientation discrimination. Various laws and regulations have been brought forward by the British government which has played a crucial rule in safeguarding the interests and rights of employees in workplaces. These regulations have provided control over discrimination on the basis of sexuality while employing people as well as the issue of harassment of prospective candidates applying for jobs. Thus, this report will not only stress upon the responsibility of government towards employees but also the responsibility of the employers towards its employees who needs to safeguard the interests of such employees and also keeping a check that unfair mishaps such as sexual orientation, sexual harassment, bullying etc. are not conducted in their workplaces.
Through this report, I have also drawn attention to the various troubles and incidents that the LGBT employees have faced over time in their workplaces related to various issues. It shows what measures should be taken against the people who discriminate on race, religion, gender etc. and how such situations are to be handled. The key aspects of regulations against sexual orientation and religion and belief are outlined in this report.
Introduction
Sexual Orientation can be defined in the laws as being ‘a sexual orientation towards (a) individual of identical sex; (b) individual of opposite sex; (c) individual of the identical and opposite sex’. The phrase ‘on the grounds of’ has been taken to signify that discrimination can occur on the basis of both i.e. presumed sexual orientation or the relationship or connection with people of a particular sexual orientation. (Sarah Dickens, 2009)
In other terms we can describe sexual orientation by the gender with which he or she is personally attracted. It can be emotional, romantic or sexual attraction. It can be said as one’s sexual preference i.e. to choose with whom they are viably attracted to. (Tom Head)
Whether gay, lesbian, heterosexual or bisexual everyone is being discriminated or being harassed in some or the other manner just for the reason being they are sexually oriented. Tormented such as being denied for promotions, forced for baseless write-ups or explanations and illegitimate termination are few examples of discrimination faced by sexually oriented people, reason being the employer disagrees with your sexual orientation. This type of discrimination is illegal in the eyes of law and federal laws have been brought to safeguard against prejudice based on race, sex, religion, age, disability etc. in workplaces.
Discussion
History:
When I was in the military, they gave me a medal for killing two men – and a discharge for loving one. (Sergeant Leonard Matlovich)
Discrimination has been prevailing in the UK from a very long period of time. In past times category of sexually oriented people has been highly overlooked on the corporate levels. Despite of various laws and regulation enforced in workplaces by the government the victims are yet to receive a sigh from continuous discrimination and harassment.
The first anti-discrimination act was passed in 1967 i.e. The Sexual Offences Act was passed. It provided a limited decriminalization of homosexual acts and thereafter other acts were passed. Gradually other laws were formed to prevent prejudice based on race, religion, gender, age etc. in workplaces. Then finally around a decade ago in December, 2003 discrimination on the basis of sexual orientation was completely banned. Harassing or molesting any employee on the basis of sexual orientation was strictly prohibited by the UK government and severe consequences were to be faced by the person who committed such acts. The government of United Kingdom holds the rights and interest of the citizens of UK against such kind of prejudice if:-
The citizen is a LGBT i.e. lesbian or gay, bisexual, transgender.
The citizen claims to be a lesbian or gay or heterosexual, despite their actual sexual orientation.
The citizen has LGBT friends or visits such joints and taverns.
Apart from this government also assists such citizens for employment purposes and helps them continue to work as employee. They see to it that no unfair practices are held against such citizens and they receive equal opportunities in the workplace just like the other employees working in the organization.
Discrimination Legislation:
Different legislations have been followed for discrimination against sexual orientation by the government of UK.
In England, Scotland and Wales
Their government has issued and follows the Equality Act 2010. This aids the people with different sexual orientation by safeguarding them against prejudice and harassment. In provision of facilities and services, the act forbids prejudice and victimization but harassment isn’t considered in case of sexual orientation. Nonetheless, many such acts of harassment regarded as discrimination also, so fair protection prevails in the country.
In Northern Ireland
In Northern Ireland, legislation is different and is delegated i.e. equality protections for sexually oriented people are contained in separate pieces of legislation. Anti-discrimination is devolved to the Northern Ireland assembly. Section 75 of the Northern Ireland Act 1988 places Northern Irish public authorities under the responsibility to support equality of opportunity between individuals with dissimilar sexual orientation. Another act brought in legislation is The Employment Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2003. It forbids prejudice and harassment in employment on the grounds of sexual orientation.
Discrimination faced by LGBT community:
Discrimination can be said as biased treatment regarding employment for groups of equally productive members due to their sexual orientation.
The concept of discrimination refers to post-entry prejudice and pre-entry prejudice, where entry refers to contribution in labor strength. However both kinds of prejudice symbolize different processes, but conclude to the same outcome i.e. a loss in welfare on behalf of the discriminated groups. Thus, labor market discrimination can be subdivided into subsequent categories:
Employment or professional discrimination (differences in professional attainment or types of employment for a given set of qualifications and taste.)
Income or wage discrimination (differences in monetary and non-monetary benefits for a given profession.) (Adnett N., 1996)
It is believed that greater emphasis is placed on wage discrimination rather than employment discrimination because of the argument that ‘wage differentials are a more fundamental measure of labor market discrimination than are employment differentials’. (Cain,
1986)
Kinds of discrimination faced by LGBT community
Direct discrimination
In this type of discrimination an employee is treated less favorable as compared to others due to his/her sexual orientation or belief or religion. It takes into account to deny employment, promotions, giving terminations and dismissals from proper training without providing fair grounds, as well as giving them adverse working conditions because of their sexual orientation or belief or religion. (ACAS, 2009)
Example: An employee was harassed and questioned by his employer due to his frequent use of internet. He was accused of detrimental impact on work due to his long hours on the internet, but no proof of such was provided. The employee felt accused as there was no such policy on internet usage at the workplace, be it for employment purpose or for personal use. (ACAS, 2007)
Indirect discrimination
In this type of discrimination, people with a different type of sexual orientation are not regarded equally in the eyes of employers, and are denied are of the practices and services which are intended to be provided to all. This type of discrimination is unlawful even if it is intentional or not. Indirect discrimination can be proved that it is in accordance with the law. If the employer is able to provide with a legitimate reason and aim and that such practice is proportionate i.e. practice was necessary and there was no alternative measure for such practice. (ACAS, 2009)
Example: Membership within a club was only offered to straight couples; gay and lesbians were denied access to that particular club thus leading to indirect discrimination. (ACAS, 2007)
Bullying and harassment
It refers to an offensive, undesired and a disrespectful act by someone which affects a person’s dignity creating an intimidating, hostile, humiliating situation for that victim from a reasonable point of view. It may include any such type of an unintentional behavior which can be misleading or upsetting. These activities may include calling nicknames, teasing, name calling or any other inappropriate behavior like dangers, coercion, verbal and physical bullying or physical attack. It doesn’t always necessarily means that an action is targeted at a particular individual to harass and tease a particular individual or to make a complaint about such event but follows general culture prevailing within an organization, for example, tolerating inappropriate messages by group email targeting a certain race or religion. Such organizations can be considered liable for making none or limited efforts in addressing such harassments, and proper action is taken on the staff for committing such activities. (ACAS, 2009)
Example: A gay male store member was bullied and harassed by his line manager due to manager’s belief towards people with having different sexual orientation. Tormenting had eventually extended into a range of disciplinary measures and events. He was not able to find colleagues to represent with him at the events and felt that managers were partial in their decisions who were carrying out the hearings. Finally he had to resign due to such discrimination conducted in the workplace. (ACAS, 2007)
Victimization
It is a situation in which an employee is victimized because he/she has filed or is intending to file a grievance or accusation against prejudice or has confirmation in relation to the accusation of prejudice on basis of sexual orientation, religion or belief. An example can be where an individual is labeled as ‘menace’ and is ostracized by his colleagues. Organizations can be held responsible where such victimization is not avoided. (ACAS, 2009)
Example: A lesbian paying guest was refused to use the facilities provided by the company which were allowed to other tenants because she had claimed a complaint of discrimination against the manager of the company. (ACAS, 2007)
Laws and regulations Laws governing protection of LGBT community:
1) Federal laws
These laws protect employees from workplace prejudice on the basis of race, religion, age, disability, and nation, but no specific laws have been originated yet that specifically outlaws workplace discrimination on the basis of sexual orientation. Only government workers are safeguarded from such type of prejudice. Attempts have been made in private workplaces to pass federal laws that would outlaw such prejudice but they have been unsuccessful till date and progress has been very slow.
2) State laws
Much of help is expected at the state level for the LGBT community. More than half of the districts in the UK have formed laws for the protection and betterment of the people who are sexually oriented. These laws prohibit discrimination of sexually oriented people in public and private workplaces.
3) Local laws
If the state or district doesn’t have laws that protect sexually oriented people from discrimination, then they can get protection from the local city and county ordinances. These local laws are of much help against sexual orientation discrimination when there are no state and federal laws. (Anon, 2012)
Laws protecting LGBT community in United Kingdom
Employment Equality (Sexual Orientation) 2003 Regulations
The laws were brought into action in December 2003, and are applicable to all the aspects including vocational training and employment, including terms and conditions (pay) and dismissals. Activities which will be considered against the law based on sexual orientation:
a) Discriminating someone directly, i.e. favoring less or partially in respect of the other coworkers having equal qualities and potential, because of their sexual orientation.
b) Discriminating someone indirectly, i.e. applying policies and practices which will be disadvantages for a particular section of people, unless and until such practices can be justified.
c) In case of harassment; harassment can be defined as any type of unwanted activity which is done with the purpose to create a humiliating environment and harm his/her dignity and question his/her self respect.
d) Victimizing someone for their intentions to file a complaint or are able to provide with substantial facts in relation with prejudice on the basis of sexual orientation.
Thus, laws are in order to safeguard the rights of the people with different sexual orientation from any kind of discrimination and harassment in workplaces. (ACAS, 2007)
Employment Equality (Religion or Belief) 2003 Regulations
It can be stated as believing and being in any religion. All the protection provided in this is same as provided in sexual orientation regulations. Changes in these regulations are exceptional and are undertaken in very limited circumstances. For example, situation where there is a specific occupational requirement for the employee to be from a specific religion to adhere to ethos of organization.
.
(ACAS, 2007)
The Commission for Equality and Human Rights
In United Kingdom they have discrete institutional champions for each discrimination jurisdiction: the Commission for Racial Equality (CRE) for race discrimination; the Equal Opportunities Commission (EOC) for sex discrimination; and Disability Rights Commission (DRC) for disability. Nonetheless, no specific governmental body or firm has been set up which protects the rights of individuals sexual orientation or religion and belief rights. Course of action has been laid out to set up a new body i.e. the Commission of Equality and Human Rights (CHER), by merging the existing three bodies to provide ‘coherent unambiguous guidance and reinforce a person from all prejudice grounds’ (CEHR vision). The CEHR aims to ‘tackle prejudice’, ‘exhibit and share best practice’ and ‘encourage equality and human rights policies in public and private workplaces’. The Commission has also planned to advocate equal treatment and handle discrimination on the grounds of sexual orientation and religion and belief. The CEHR will have to face many difficulties and challenges as a new organization having the responsibility to merger and correspond taking into account the rights and beliefs of sexually oriented individuals. It will also be supporting those individuals whose rights have been breached. (ACAS, 2007)
Conclusion
Through this report I can conclude that various decent laws and regulations have been formed by the government of United Kingdom for the protection of LGBT community. Formation of CEHR is a big initiative taken by the government and it will safeguard the LGBT community from harassment and victimization. However these practices of discrimination are still done in many parts of United Kingdom and such loop holes have to covered up to provide full safety against any kind of discrimination. Another point which needs to be focused is that it is the social responsibility of the companies to form a proper legislation in the workplaces and keep a check on the employees to avoid any kind of discrimination. Moreover there should be stringent and firm laws formed against prejudice on the basis of sexual orientation and religion and religion and belief, and individuals and organizations practicing such activities should be put behind bars.
References
Anon (2011) “Definition of Equality” (Internet) Available from:< http://www.learning-work.co.uk/docs/5354_E&D2_4_7.pdf > [Accessed on 11th May, 2013].
Anon (2013) “Definition of Equality” (Internet) Available from:< http://www.otleycollege.ac.uk/documents/edi/edi.pdf>[Accessed on 11th May, 2013].
Sarah Dickens et al (2009) “Management handling of sexual orientation, religion and belief in the workplace” (Internet) Available from:< http://www.acas.org.uk/CHttpHandler.ashx?id=1050&p=0> [Accessed on 12th May, 2013].
Tom Head (n.d.) “Definition of sexual orientation” (Internet) Available from:< http://civilliberty.about.com/od/gendersexuality/g/sex_orientation.htm> [Accessed on 12th May, 2013].
Anon (n.d.) “History” (Internet) Available from:< http://www3.imperial.ac.uk/equality/sexualorientation/information/lgbtrights> [Accessed on 12th may, 2013].
Anon (n.d.) “Discrimination legislation” (Internet) Available from:< http://www.ecu.ac.uk/law/sexual-orientation-key-legislation> [Accessed on 12th May, 2013].
M. Phil (1999) “sexual orientation” (Internet) Available from:< http://www.ids.ac.uk/files/dmfile/caland.pdf> [Accessed on 12th May, 2013].
Anon (2012) “Laws governing protection of LGBT community” (Internet) Available from:< http://www.nolo.com/legal-encyclopedia/sexual-orientation-discrimination-rights-29541.html> [Accessed on 12th May, 2013].
ACAS (2009) “Kinds of discrimination faced by LGBT community” (Internet) Available from:< http://www.acas.org.uk/CHttpHandler.ashx?id=1050&p=0> [Accessed on 12th May, 2013].
ACAS (2007) “Laws protecting LGBT community in United Kingdom” (Internet) Available from:< http://www.acas.org.uk/CHttpHandler.ashx?id=690&p=0> [Accessed on 12th May, 2013].
Leonard Matlovich (n.d.) “Discussion” (Internet) Available from:< http://www.leonardmatlovich.com/> [Accessed on 12th May, 2013].
INDEX:
Abstract
Introduction
Discussion History Discrimination Legislation
Discrimination faced by LGBT community
Laws and regulations
Laws protecting LGBT community in United Kingdom
Conclusion
References
Abstract
Sexual orientation is a serious concern these days prevailing in the society as well as workplaces. Chauvinism is followed in place of equality. Equality is one factor which concerns the most in today’s world. Equality is the current term for “equal opportunities”. Equality is about fostering and promoting right to be different, right to their beliefs and values, and to be free from any kind of discrimination. In every workplace equality is the very basis of employment. Being …show more content…
a gay, lesbian or bisexual is the very own choice of an individual. All such people are making their way in each and every sector of the society. Thus, the question that arises now is should such employees be discriminated in the workplace due to their sexual orientation, rather should women be considered below men in the workplace or no? Can these employees be protected? Are there any laws and policies to protect them from discrimination? I have talked about all these issues in my report. My particular country for this research and report is United Kingdom. (Anon, 2011)
After proper research work and looking at all the important aspects concerning sexual orientation I have prepared my report. In this report I have elaborated precisely the various types of acts and laws enacted by the government of United Kingdom in order to safeguard the LGBT (lesbian, gay, bisexual and transgender) community from sexual orientation discrimination. Various laws and regulations have been brought forward by the British government which has played a crucial rule in safeguarding the interests and rights of employees in workplaces. These regulations have provided control over discrimination on the basis of sexuality while employing people as well as the issue of harassment of prospective candidates applying for jobs. Thus, this report will not only stress upon the responsibility of government towards employees but also the responsibility of the employers towards its employees who needs to safeguard the interests of such employees and also keeping a check that unfair mishaps such as sexual orientation, sexual harassment, bullying etc. are not conducted in their workplaces.
Through this report, I have also drawn attention to the various troubles and incidents that the LGBT employees have faced over time in their workplaces related to various issues. It shows what measures should be taken against the people who discriminate on race, religion, gender etc. and how such situations are to be handled. The key aspects of regulations against sexual orientation and religion and belief are outlined in this report.
Introduction
Sexual Orientation can be defined in the laws as being ‘a sexual orientation towards (a) individual of identical sex; (b) individual of opposite sex; (c) individual of the identical and opposite sex’. The phrase ‘on the grounds of’ has been taken to signify that discrimination can occur on the basis of both i.e. presumed sexual orientation or the relationship or connection with people of a particular sexual orientation. (Sarah Dickens, 2009)
In other terms we can describe sexual orientation by the gender with which he or she is personally attracted. It can be emotional, romantic or sexual attraction. It can be said as one’s sexual preference i.e. to choose with whom they are viably attracted to. (Tom Head)
Whether gay, lesbian, heterosexual or bisexual everyone is being discriminated or being harassed in some or the other manner just for the reason being they are sexually oriented. Tormented such as being denied for promotions, forced for baseless write-ups or explanations and illegitimate termination are few examples of discrimination faced by sexually oriented people, reason being the employer disagrees with your sexual orientation. This type of discrimination is illegal in the eyes of law and federal laws have been brought to safeguard against prejudice based on race, sex, religion, age, disability etc. in workplaces.
Discussion
History:
When I was in the military, they gave me a medal for killing two men – and a discharge for loving one. (Sergeant Leonard Matlovich)
Discrimination has been prevailing in the UK from a very long period of time. In past times category of sexually oriented people has been highly overlooked on the corporate levels. Despite of various laws and regulation enforced in workplaces by the government the victims are yet to receive a sigh from continuous discrimination and harassment.
The first anti-discrimination act was passed in 1967 i.e. The Sexual Offences Act was passed. It provided a limited decriminalization of homosexual acts and thereafter other acts were passed. Gradually other laws were formed to prevent prejudice based on race, religion, gender, age etc. in workplaces. Then finally around a decade ago in December, 2003 discrimination on the basis of sexual orientation was completely banned. Harassing or molesting any employee on the basis of sexual orientation was strictly prohibited by the UK government and severe consequences were to be faced by the person who committed such acts. The government of United Kingdom holds the rights and interest of the citizens of UK against such kind of prejudice if:-
The citizen is a LGBT i.e. lesbian or gay, bisexual, transgender.
The citizen claims to be a lesbian or gay or heterosexual, despite their actual sexual orientation.
The citizen has LGBT friends or visits such joints and taverns.
Apart from this government also assists such citizens for employment purposes and helps them continue to work as employee. They see to it that no unfair practices are held against such citizens and they receive equal opportunities in the workplace just like the other employees working in the organization.
Discrimination Legislation:
Different legislations have been followed for discrimination against sexual orientation by the government of UK.
In England, Scotland and Wales
Their government has issued and follows the Equality Act 2010. This aids the people with different sexual orientation by safeguarding them against prejudice and harassment. In provision of facilities and services, the act forbids prejudice and victimization but harassment isn’t considered in case of sexual orientation. Nonetheless, many such acts of harassment regarded as discrimination also, so fair protection prevails in the country.
In Northern Ireland
In Northern Ireland, legislation is different and is delegated i.e. equality protections for sexually oriented people are contained in separate pieces of legislation. Anti-discrimination is devolved to the Northern Ireland assembly. Section 75 of the Northern Ireland Act 1988 places Northern Irish public authorities under the responsibility to support equality of opportunity between individuals with dissimilar sexual orientation. Another act brought in legislation is The Employment Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2003. It forbids prejudice and harassment in employment on the grounds of sexual orientation.
Discrimination faced by LGBT community:
Discrimination can be said as biased treatment regarding employment for groups of equally productive members due to their sexual orientation.
The concept of discrimination refers to post-entry prejudice and pre-entry prejudice, where entry refers to contribution in labor strength. However both kinds of prejudice symbolize different processes, but conclude to the same outcome i.e. a loss in welfare on behalf of the discriminated groups. Thus, labor market discrimination can be subdivided into subsequent categories:
Employment or professional discrimination (differences in professional attainment or types of employment for a given set of qualifications and taste.)
Income or wage discrimination (differences in monetary and non-monetary benefits for a given profession.) (Adnett N., 1996)
It is believed that greater emphasis is placed on wage discrimination rather than employment discrimination because of the argument that ‘wage differentials are a more fundamental measure of labor market discrimination than are employment differentials’. (Cain,
1986)
Kinds of discrimination faced by LGBT community
Direct discrimination
In this type of discrimination an employee is treated less favorable as compared to others due to his/her sexual orientation or belief or religion. It takes into account to deny employment, promotions, giving terminations and dismissals from proper training without providing fair grounds, as well as giving them adverse working conditions because of their sexual orientation or belief or religion. (ACAS, 2009)
Example: An employee was harassed and questioned by his employer due to his frequent use of internet. He was accused of detrimental impact on work due to his long hours on the internet, but no proof of such was provided. The employee felt accused as there was no such policy on internet usage at the workplace, be it for employment purpose or for personal use. (ACAS, 2007)
Indirect discrimination
In this type of discrimination, people with a different type of sexual orientation are not regarded equally in the eyes of employers, and are denied are of the practices and services which are intended to be provided to all. This type of discrimination is unlawful even if it is intentional or not. Indirect discrimination can be proved that it is in accordance with the law. If the employer is able to provide with a legitimate reason and aim and that such practice is proportionate i.e. practice was necessary and there was no alternative measure for such practice. (ACAS, 2009)
Example: Membership within a club was only offered to straight couples; gay and lesbians were denied access to that particular club thus leading to indirect discrimination. (ACAS, 2007)
Bullying and harassment
It refers to an offensive, undesired and a disrespectful act by someone which affects a person’s dignity creating an intimidating, hostile, humiliating situation for that victim from a reasonable point of view. It may include any such type of an unintentional behavior which can be misleading or upsetting. These activities may include calling nicknames, teasing, name calling or any other inappropriate behavior like dangers, coercion, verbal and physical bullying or physical attack. It doesn’t always necessarily means that an action is targeted at a particular individual to harass and tease a particular individual or to make a complaint about such event but follows general culture prevailing within an organization, for example, tolerating inappropriate messages by group email targeting a certain race or religion. Such organizations can be considered liable for making none or limited efforts in addressing such harassments, and proper action is taken on the staff for committing such activities. (ACAS, 2009)
Example: A gay male store member was bullied and harassed by his line manager due to manager’s belief towards people with having different sexual orientation. Tormenting had eventually extended into a range of disciplinary measures and events. He was not able to find colleagues to represent with him at the events and felt that managers were partial in their decisions who were carrying out the hearings. Finally he had to resign due to such discrimination conducted in the workplace. (ACAS, 2007)
Victimization
It is a situation in which an employee is victimized because he/she has filed or is intending to file a grievance or accusation against prejudice or has confirmation in relation to the accusation of prejudice on basis of sexual orientation, religion or belief. An example can be where an individual is labeled as ‘menace’ and is ostracized by his colleagues. Organizations can be held responsible where such victimization is not avoided. (ACAS, 2009)
Example: A lesbian paying guest was refused to use the facilities provided by the company which were allowed to other tenants because she had claimed a complaint of discrimination against the manager of the company. (ACAS, 2007)
Laws and regulations Laws governing protection of LGBT community:
1) Federal laws
These laws protect employees from workplace prejudice on the basis of race, religion, age, disability, and nation, but no specific laws have been originated yet that specifically outlaws workplace discrimination on the basis of sexual orientation. Only government workers are safeguarded from such type of prejudice. Attempts have been made in private workplaces to pass federal laws that would outlaw such prejudice but they have been unsuccessful till date and progress has been very slow.
2) State laws
Much of help is expected at the state level for the LGBT community. More than half of the districts in the UK have formed laws for the protection and betterment of the people who are sexually oriented. These laws prohibit discrimination of sexually oriented people in public and private workplaces.
3) Local laws
If the state or district doesn’t have laws that protect sexually oriented people from discrimination, then they can get protection from the local city and county ordinances. These local laws are of much help against sexual orientation discrimination when there are no state and federal laws. (Anon, 2012)
Laws protecting LGBT community in United Kingdom
Employment Equality (Sexual Orientation) 2003 Regulations
The laws were brought into action in December 2003, and are applicable to all the aspects including vocational training and employment, including terms and conditions (pay) and dismissals. Activities which will be considered against the law based on sexual orientation:
a) Discriminating someone directly, i.e. favoring less or partially in respect of the other coworkers having equal qualities and potential, because of their sexual orientation.
b) Discriminating someone indirectly, i.e. applying policies and practices which will be disadvantages for a particular section of people, unless and until such practices can be justified.
c) In case of harassment; harassment can be defined as any type of unwanted activity which is done with the purpose to create a humiliating environment and harm his/her dignity and question his/her self respect.
d) Victimizing someone for their intentions to file a complaint or are able to provide with substantial facts in relation with prejudice on the basis of sexual orientation.
Thus, laws are in order to safeguard the rights of the people with different sexual orientation from any kind of discrimination and harassment in workplaces. (ACAS, 2007)
Employment Equality (Religion or Belief) 2003 Regulations
It can be stated as believing and being in any religion. All the protection provided in this is same as provided in sexual orientation regulations. Changes in these regulations are exceptional and are undertaken in very limited circumstances. For example, situation where there is a specific occupational requirement for the employee to be from a specific religion to adhere to ethos of organization.
.
(ACAS, 2007)
The Commission for Equality and Human Rights
In United Kingdom they have discrete institutional champions for each discrimination jurisdiction: the Commission for Racial Equality (CRE) for race discrimination; the Equal Opportunities Commission (EOC) for sex discrimination; and Disability Rights Commission (DRC) for disability. Nonetheless, no specific governmental body or firm has been set up which protects the rights of individuals sexual orientation or religion and belief rights. Course of action has been laid out to set up a new body i.e. the Commission of Equality and Human Rights (CHER), by merging the existing three bodies to provide ‘coherent unambiguous guidance and reinforce a person from all prejudice grounds’ (CEHR vision). The CEHR aims to ‘tackle prejudice’, ‘exhibit and share best practice’ and ‘encourage equality and human rights policies in public and private workplaces’. The Commission has also planned to advocate equal treatment and handle discrimination on the grounds of sexual orientation and religion and belief. The CEHR will have to face many difficulties and challenges as a new organization having the responsibility to merger and correspond taking into account the rights and beliefs of sexually oriented individuals. It will also be supporting those individuals whose rights have been breached. (ACAS, 2007)
Conclusion
Through this report I can conclude that various decent laws and regulations have been formed by the government of United Kingdom for the protection of LGBT community. Formation of CEHR is a big initiative taken by the government and it will safeguard the LGBT community from harassment and victimization. However these practices of discrimination are still done in many parts of United Kingdom and such loop holes have to covered up to provide full safety against any kind of discrimination. Another point which needs to be focused is that it is the social responsibility of the companies to form a proper legislation in the workplaces and keep a check on the employees to avoid any kind of discrimination. Moreover there should be stringent and firm laws formed against prejudice on the basis of sexual orientation and religion and religion and belief, and individuals and organizations practicing such activities should be put behind bars.
References
Anon (2011) “Definition of Equality” (Internet) Available from:< http://www.learning-work.co.uk/docs/5354_E&D2_4_7.pdf > [Accessed on 11th May, 2013].
Anon (2013) “Definition of Equality” (Internet) Available from:< http://www.otleycollege.ac.uk/documents/edi/edi.pdf>[Accessed on 11th May, 2013].
Sarah Dickens et al (2009) “Management handling of sexual orientation, religion and belief in the workplace” (Internet) Available from:< http://www.acas.org.uk/CHttpHandler.ashx?id=1050&p=0> [Accessed on 12th May, 2013].
Tom Head (n.d.) “Definition of sexual orientation” (Internet) Available from:< http://civilliberty.about.com/od/gendersexuality/g/sex_orientation.htm> [Accessed on 12th May, 2013].
Anon (n.d.) “History” (Internet) Available from:< http://www3.imperial.ac.uk/equality/sexualorientation/information/lgbtrights> [Accessed on 12th may, 2013].
Anon (n.d.) “Discrimination legislation” (Internet) Available from:< http://www.ecu.ac.uk/law/sexual-orientation-key-legislation> [Accessed on 12th May, 2013].
M. Phil (1999) “sexual orientation” (Internet) Available from:< http://www.ids.ac.uk/files/dmfile/caland.pdf> [Accessed on 12th May, 2013].
Anon (2012) “Laws governing protection of LGBT community” (Internet) Available from:< http://www.nolo.com/legal-encyclopedia/sexual-orientation-discrimination-rights-29541.html> [Accessed on 12th May, 2013].
ACAS (2009) “Kinds of discrimination faced by LGBT community” (Internet) Available from:< http://www.acas.org.uk/CHttpHandler.ashx?id=1050&p=0> [Accessed on 12th May, 2013].
ACAS (2007) “Laws protecting LGBT community in United Kingdom” (Internet) Available from:< http://www.acas.org.uk/CHttpHandler.ashx?id=690&p=0> [Accessed on 12th May, 2013].
Leonard Matlovich (n.d.) “Discussion” (Internet) Available from:< http://www.leonardmatlovich.com/> [Accessed on 12th May, 2013].