Sexual Orientation Awareness Training

1. Sexual OrientationAwareness Training Steve Baldwin

2. Objectives • To introduce you to the Employment Equality (Sexual Orientation) Regulations 2003: • How it applies to all areas of employment • Who is protected • Who is liable • Direct Discrimination • Indirect Discrimination • Harassment • Victimisation

3. Being the Gay One • Heard homophobic language • Witnessed explicit derision of lesbian, gay and bisexual people (including patients). • Recognised that preventing homophobia was not a priority of their employer. • Realised homophobia was not reflected in policy statements, training programmes, or part of organisational culture. • When managers ignored, or contributed towards, homophobic comments and incidents.

4. Being the Gay One • Unequal treatment, for example, when entering a civil partnership. • Discrimination in relation to their career progression. • Exclusion by their colleagues. • Inappropriate questions or comments. • Were subjected to, or overheard, homophobic language.

5. Being the Gay One • Don’t disclose their sexual orientation to anyone. • Modify their CV and omit any references to anything that could indicate they are lesbian, gay or bisexual. • Become advocates and spokespeople for lesbian, gay and bisexual rights, even though this can “become quite tiring”. • Leave the place of work and seek work where they will experience less discrimination. • Leave the sector entirely.

6. Being the Gay One • Better training. • More robust and accessible policies. • An increase in visibility of gay people, and access to role models. • Effective disciplinary procedures where they would not be victimised if they made a complaint. • Their managers to understand the law, and the duties they have to protect staff. • Networks set up and supported on a local and national level so they felt less isolated. • The sector to recognise the impact that discrimination against staff will inevitably have on effective patient care.

7. GLADD • Gay and Lesbian Association of Doctors and Dentists

8. Societal Context • One in twenty of the UK population identifies as lesbian, gay or bisexual. • Heterosexuality is the most assumed sexuality. • Lack of awareness and understanding has resulted in a lot of fear of isolation and discrimination surrounding disclosure of sexuality.

9. Legal Context • On 1st December 2003, Employment Equality (Sexual Orientation) Regulations 2003 was enacted across the UK. • This meant that lesbians, gay and bisexual employees became legally protected from discrimination in the workplace. • As UK’s largest employer, the NHS has a responsibility to ensure its up-to-date with the implications of this legislation.

10. Health Context • How many gay, lesbians and bisexual patients do we have accessing our services ? • How can we improve the service we provide to gay men, bisexual men and women and lesbians? • What are the health issues facing lesbians, gay men, bisexual men and women in the local population ?

11. Health and Wellbeing • “Mental Health and Social Wellbeing of Gay Men, Lesbians, and Bisexuals in England and Wales” – University College Medical School publication. • Monitor particular experiences and satisfaction levels of gay, lesbians, bisexual patients and put in place mechanisms to respond appropriately to feedback. • Continue awareness campaign to support elimination of discrimination of those who may be most vulnerable.

12. Healthcare Commission • The Healthcare Commission (HCC) Standard C7e. • Expects everyone in the Trust to challenge discrimination, further equality, diversity and human rights and reducing inequalities in healthcare.

13. Penalties of Non-compliance • From 1st October 2007, the new Commission for Equality and Human Rights (CEHR) established by the Equality Act 2006, will take over enforcement and have responsibility for all six strands of discrimination law (race, gender, age, disability, religion and belief and sexual orientation). For breaches of specific duties, the CEHR has the power to issue compliance notices.

14. Definition of Sexual Orientation • Sexual orientation in the Employment Equality (Sexual Orientation) Regulations 2003 is: • sexual orientation towards persons of the same sex, persons of the opposite sex or persons of the same and opposite sex. • the Regulations apply equally to discrimination and harassment of heterosexual people as to discrimination and harassment of lesbians, gay men and bisexual people.

15. Who is Protected ? • Actual and Prospective employees • Ex- employees • Apprentices • Some self-employed workers • Contract workers • Actual or prospective partners • People seeking or undertaking vocational training

16. Territorial Scope of the Regulation • the employee or contract worker does his or her work wholly or partly in Great Britain; or • the employee or contract worker does his or her work wholly outside Great Britain but the employer has a place of business at an establishment in Great Britain, the work is for the purposes of the business carried on at that establishment, and the employee or contract worker is ordinarily resident in Great Britain when he or she applies for or is offered the employment, or at any time during the employment.

17. Who is Liable ? • Employers are liable under the Employment Equality (Sexual Orientation) Regulations 2003 for sexual orientation discrimination in recruitment, terms and benefits, harassment and other detrimental treatment during employment, dismissal and some discrimination after employment.

18. Acts of Discrimination • done by the employer itself; • done by its employees in the course of their employment, whether or not the act is done with the employer's knowledge or approval; or • done by an agent of the employer with the express or implied authority of the employer (whether given before or after the act).

19. Reasonable and Practicable Steps • An employer will have a defence to an act of discrimination committed by one of its employees if it can prove that it took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his or her employment acts of that description.

20. Discrimination after the working relationship has come to an end • An act of discrimination committed after the working relationship has come to an end will be unlawful if it would have been unlawful during the course of the working relationship, where the act of discrimination consists of subjecting someone to a detriment, harassment or victimisation due to their sexuality.

21. Unlawful discrimination • The Employment Equality (Sexual Orientation) Regulations 2003 prohibit direct and indirect sexual orientation discrimination, harassment and victimisation in the fields of employment and vocational training.

22. Direct discrimination • The Employment Equality (Sexual Orientation) Regulations 2003, regulation 3(1)(a) defines direct sexual orientation discrimination as being where, on grounds of sexual orientation, person A treats person B less favourably than person A treats or would treat other persons.

23. Harassment • The Employment Equality (Sexual Orientation) Regulations 2003, regulation 5 defines harassment as being where, on grounds of sexual orientation, person A engages in unwanted conduct that: • Violates a person’s dignity • Creates intimidating, hostile, degrading, humiliating and offensive environment

24. Victimisation • The Employment Equality (Sexual Orientation) Regulations 2003, regulation 4 prohibits discrimination by way of victimisation. • An employee or contract worker (B) has the right not to be treated less favourably than the employer or principal (A) treats or would treat other persons in the same circumstances by reason that B has done a 'protected act'

25. Genuine Occupational Requirements • The Employment Equality (Sexual Orientation) Regulations 2003, regulation 7 contains an exception from unlawful sexual orientation discrimination in recruitment, promotion, or transfer to, training for or dismissal from any job, where a genuine occupational requirement applies.

26. Example of when GOR applies • The position of Chief Executive of an organisation advising on and promoting gay rights. • If the organisation can show that it is essential to the credibility of the person who will be the public face of the organisation that he or she be gay.

27. Special Exception in Regulation 7(3) • where the employment is for the purposes of an organised religion. • This applies where the employer applies a requirement related to sexual orientation so as to comply with the doctrines of the religion or, because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.

28. Positive Action • The Employment Equality (Sexual Orientation) Regulations 2003 contain an exception from unlawful sexual orientation discrimination in relation to acts done in, or in connection with, training to fit people of a particular sexual orientation for particular work or encouraging people of a particular sexual orientation to take advantage of opportunities for doing particular work.

29. Equality Act 2006 • Under the Equality Act 2006, it is unlawful for someone to discriminate against you because of your sexual orientation • in any aspect of employment • when providing goods, facilities and services • when providing education • in using or disposing of premises, or • when exercising public functions.

30. Care and healthcare • Providers of health and social care have a responsibility not to discriminate against anyone, including lesbians, gay men and bisexual people. • ExampleA couple is refused fertility treatment because they are lesbians. This is direct discrimination. • ExampleA doctor strikes a patient off his list because he comes out as a gay man. This is direct discrimination.

31. 10 Point Action Plan • Understand the law • Develop appropriate policies and practices • Communicate changes • Make a business case for diversity • Set up a lesbian, gay and bisexual network group • Gain support of senior staff • Tackle harassment and bullying • Manage performance fairly • Build a culture of respect • Monitor and evaluate policies and practices

32. Other Action Points • Do not ask personal questions unrelated to the job that could be taken as an intention to discriminate unlawfully. • Train managers and others involved in decision-making processes such as recruitment and selection to ensure that they are aware of issues that could arise in relation to sexual orientation claims. • Investigate any complaints of sexual orientation discrimination promptly and seriously and take appropriate action. • Ensure that personal information is kept confidential. • Consider monitoring by sexual orientation.

33. Information • The Gay and Lesbian Association of Doctors and Dentists (GLADD) has produced a guidance on avoiding sexual orientation discrimination. • It includes information on: • dignity at work for lesbian and gay students at medical and dental schools; • dignity at work for lesbian and gay doctors and dentists employed by NHS trusts; and • dignity at work for GLADD members.

34. Information • The British Medical Association (BMA) has produced guidance that sets out the legislation on sexual orientation discrimination together with methods and ideas for devising and implementing an equality and diversity strategy for doctors.

35. Questions and Answers

36. Thanks for Listening