As an employer you are prohibited from discriminating unlawfully against job applicants or employees on the grounds of sexual orientation or gender reassignment. For example, it would be unlawful to select a less qualified straight employee in a promotion process because you disapprove of the different sexual orientation of a better qualified gay, lesbian, or bisexual candidate and who, but for their sexual orientation, would otherwise have been selected.

The law on sexual orientation discrimination

There are two main pieces of legislation which prohibit sexual orientation discrimination in Northern Ireland.

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 make it unlawful for employers and others to discriminate on grounds of sexual orientation in the areas of employment and vocational training. The regulation applies to all employers, regardless of their size.

The regulations make it unlawful to discriminate on the grounds of sexual orientation against employees, agency workers, job applicants and in some cases, former employees. Employers must not discriminate in many areas including, the recruitment and selection process, the terms and conditions they offer, the opportunities afforded (or not afforded) for promotion, transfer, training, or access to benefits, or by dismissing a staff member, or causing him/her any other detriment.

It is also unlawful to harass an employee or job applicant on the grounds of sexual orientation. See preventing bullying and harassment.

The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 make it unlawful to discriminate on the grounds of sexual orientation in the provision of goods, facilities, or services; premises; education and public functions.

Further guidance on sexual orientation discrimination

The Equality Commission for Northern Ireland has responsibility for promoting compliance with the law and for advising employers. Contact the Equality Commission.

The law on gender reassignment discrimination

The Sex Discrimination (Northern Ireland) Order 1976 makes it unlawful for employers, service providers, and some others to discriminate against job applicants, employees, and service users on the grounds that they have undergone, are undergoing, or intend to undergo gender reassignment.

For this purpose, the Sex Discrimination Order defines gender reassignment as:

"a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process."

Download sex discrimination and equal pay law in Northern Ireland - a short guide from the Equality Commission (PDF, 252K).

An example of gender reassignment discrimination might be where you dismiss an employee because they have been taking time off work to attend appointments for medical treatment relating to their gender reassignment, in a situation where you would not have dismissed any other employee who had similar periods of absence for any reason not related to gender reassignment.

Another example might be where you do not permit an employee who has obtained a full gender recognition certificate to use staff toilets corresponding to their acquired gender.

A person can make a discrimination claim against an employer or another employee for any unlawful discrimination. See further guidance on gender reassignment discrimination.

Gender reassignment-related harassment is also unlawful. For example, if a manager deliberately persists in referring to a male-to-female transgendered team member as 'him' and 'he', with the intention of offending the person and in the full knowledge that the person finds it upsetting, this would be harassment.

Download a guide to the Sex Discrimination Gender Reassignment Regulations (Northern Ireland) 1999 (PDF, 2.75MB).

The law protects all job applicants and employees, whether they are heterosexual, lesbian, gay or bisexual (LGB) from being subjected to such discrimination at work. Unlawful discrimination can occur when a person is treated less favourably or harassed because of their own sexual orientation, or their perceived sexual orientation, or because of the sexual orientation of people with whom they associate.

Job applicants are protected from discrimination throughout the recruitment process, and employees are protected from discrimination throughout the duration of their employment.

Sexual orientation discrimination can happen in a number of ways in the workplace. The types of discrimination that can occur and examples of these are outlined below.

Direct discrimination

Direct discrimination is where someone is (or would be) treated less favourably than someone else on the grounds of sexual orientation. For example, this could be promoting someone who is heterosexual instead of an equally or better qualified gay person where the reason for the treatment relates not to their relative merits but to the differences in their sexual orientations. Direct discrimination can refer to the unfair treatment of someone based on what you perceive their sexual orientation to be. It can also be treating someone less favourably because of the sexual orientation of a friend or relative.

Indirect discrimination

Indirect discrimination is where workplace provisions, criterions, practices or rules, which apply equally to all staff, may put persons of a particular sexual orientation at a disadvantage. For example, if your company has a policy which expects staff without a young family and children to work more unsociable shifts this may put LGB staff, who are less likely to have children, at a particular disadvantage. In certain circumstances, indirect discrimination can be justified if it is for a legitimate reason and the means to achieve it are proportionate.

Harassment

Harassment refers to unwanted conduct on the grounds of sexual orientation which violates someone's dignity or creates an intimidating, degrading, humiliating or offensive environment for them. This includes employees making homophobic comments to an LGB co-worker, or a manager not challenging staff who are making such comments in the workplace. The law states that an employer may be liable for the behaviour of its employees, where they have not taken all reasonably practicable steps to prevent the harassment from occurring.

Victimisation

Victimisation is when someone makes a claim or complaint, or gives evidence in support of a colleague making a complaint, about being unlawfully discriminated against or harassed on grounds of sexual orientation and they are in turn treated less favourably, in retaliation for the complaint, or the support that was given. For example, the exclusion of someone from regular company social events. Employers should investigate complaints and address any behaviour that leads to someone feeling they are being victimised in the workplace.

Trans workers face distinct challenges in the workplace. These range from physical spaces such as gendered facilities to discrimination and harassment. Creating a working environment that enables your trans staff to be themselves in the workplace also promotes acceptance among staff who are not trans.

Trans workers and protection from discrimination

Under the Sex Discrimination (Northern Ireland) Order 1976, gender reassignment is defined as being 'a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such process.' Protection against unlawful discrimination extends to those trans people who intend to undergo, are undergoing, or have undergone the process of gender reassignment so defined.

How to avoid workplace transphobia

Transphobic language can create a hostile environment for trans people which may amount to bullying and/or harassment. Employers and staff at all levels of an organisation should be proactive in challenging transphobia. Some examples of transphobia in the workplace and actions you can take to prevent it occurring are outlined below:

Speculating about someone's gender

Speculation can lead to insulting gossip and can undermine the person's dignity. If you are unsure you should respectfully ask which pronoun the person prefers to use.

Purposefully ignoring someone's preferred pronoun

This undermines the person's gender identity and sense of self. If a member of staff has asked to be referred to by a certain pronoun then you should respect this and ensure others in the workplace respect this too.

Disclosure of someone's trans history

For some people, their trans history is part of their past and not their current identity following transition. You must not disclose an employee's trans history unless they have given you their explicit consent.

Referring to someone's trans history

Some people may be guarded about their trans history and others may be more open about it. However, staff should be respectful and avoid comments about 'how an individual was before'.

Inappropriate questions about medical treatment

An individual's medical history or ongoing medical treatment is a private and personal matter. A trans person's body is their own. Staff should respect the trans person's right to privacy.

Questioning someone's ability to 'pass'

'Passing' refers to when a trans person 'passes' for someone who isn't trans. Telling someone they could be more 'convincing' is both insulting and degrading. Staff should respect a person's gender identity regardless of whether they conform to standard notions of gendered beauty.

Use of toilet or changing facilities

Employers should avoid discriminating unlawfully against anyone with the protected characteristic of gender reassignment (see definition outlined above). For example, where only separate male and female toilet facilities are provided an employee who has obtained a full gender recognition certificate should normally be permitted to use the staff toilets corresponding to their acquired gender. Where employers can offer adequately secure and private gender-neutral toilets, changing and washing facilities, the risk of discriminating unlawfully against transgender people would be reduced and it would be good practice to aim for this solution. Employers should always ensure that there are suitable facilities for trans people that meet the same good standards of quality, security, privacy, and hygiene that are provided to all members of staff. In the case of employees who are transitioning, employers should consult them about their needs and make plans for them.

Further information and advice

The scenarios above address only some of the general issues and principles that may arise when supporting trans staff. For further guidance and support, you can contact the Equality Commission.

As an employer, you have a legal responsibility to ensure that all your staff, regardless of whether they propose to undergo, are undergoing, or have undergone gender reassignment, do not suffer discriminatory treatment at work. It is best practice to ensure that all staff work in an environment that enables them to reach their full potential.

See recruiting and retaining transgender staff - Government Equalities Office guidance.

By taking practical steps to effectively include lesbian, gay, bisexual, transgender, queer, intersex and/or asexual staff (LGBTQIA+) staff in the workplace you'll demonstrate your commitment to respecting the identities of all your employees.

Tops tips for LGBTQIA+ workplace inclusion

We have outlined below some actions you can take as an employer to help value and respect your LGBTQIA+ staff.

Understand your staff

Getting to know your staff will help ensure you effectively cater to any needs LGBTQIA+ employees may have. Staff who are better understood will be happier and more productive. See engaging with staff.

Learn about LGBTQIA+ issues

Increase your understanding and awareness of issues unique to LGBTQIA+ people, such as gender reassignment. Ask your LGBTQIA+ staff about issues in the workplace that they find challenging and ask them to suggest ideas that could help improve the working environment for all.

Get senior management support

Have senior staff within your organisation help implement diversity initiatives and actively communicate their support for LGBTQIA+ inclusion and other diversity activities.

Evaluate your business values and culture

Does your business have a culture and set of values that enable diversity and equality to thrive? If not, you may to need rewrite your business values so that they focus on an inclusive and diverse workplace for all. Diversity can help to attract talent and foster innovation.

Revise workplace policies

Review your workplace policies and ensure these policies explicitly mention how you as an employer support LGBTQIA+ people within your organisation. You could also develop LGBTQIA+ specific policies - eg a policy on transitioning at work with guidance for employees who are transitioning, line managers, and human resources. Your workplace policies should establish a strong sense of anti-discrimination so that all employees know what is not tolerated in the workplace. See set up employment policies for your business.

Look out for signs of problems or issues

Identifying signs that staff are under stress and not happy at work can help you deal with problems at an early stage before they become more difficult to resolve or manage. As soon as you suspect bullying, harassment, or discrimination in the workplace you should take action to deal with them. See dealing with bullying and harassment claims.

Outline your strategy

Clearly set out how you are going to develop a more diverse workplace - eg by taking lawful positive action in recruitment. Identify how you are going to promote diversity in your workplace and how you are going to make all staff feel included. A simple plan of where you want to be and how you're going to get there will give you a clear understanding. See communicate your business strategy and gain employee buy in.

Develop an LGBTQIA+ network

You could set up a network group specifically for LGBTQIA+ employees. They can help advise you on things that work well for them in the workplace and areas that may need a new approach. You should also encourage staff who don't identify themselves as LGBTQIA+ to support the LGBTQIA+ network. These members of staff can work with the LGBTQIA+ network to champion diversity in the workplace. The LGBTQIA+ network can help implement diversity initiatives and build awareness - eg through talks and events. Staff can also show their visible support for their colleagues - eg with LGBTQIA+ allies mugs or lanyards.

Consult with staff

You should speak regularly with both LGBTQIA+ and non-LGBTQIA+ staff about what inclusion looks like in your business, how you should address it, and how staff can help nurture it. This should be an ongoing process where you look at the action you have taken, assess the impact with staff feedback, and make improvements where necessary. See engaging with staff.

Communicate your LGBTQIA+ policies

Let your staff know that your policies are LGBTQIA+ inclusive with proactive internal communication - eg LGBTQIA+ specific campaigns, as part of employee inductions, updates on policies, or highlighting through equality and diversity training. See writing and communicating staff policies.

Promote your organisation as LGBTQIA+ inclusive

Ensure that your LGBTQIA+ inclusive information is accessible on your website, especially on pages where you advertise job opportunities or have staff testimonials for you as an employer. Communicate your LGBTQIA+ good news stories on social media - eg sharing employee stories or reporting on LGBTQIA+ workplace initiatives.

Become a diversity champion

A variety of schemes are run by organisations such as Stonewall Diversity Champion programme, Diversity Mark NI, and others.

Benchmark your LGBTQIA+ efforts

Stonewall's Workplace Equality Index is a free benchmarking tool for employers to measure their progress on LGBTQIA+ inclusion and equality in the workplace. Participation is free and enables you to compare your performance with organisations in your region and sector. You will also receive in-depth feedback. See benchmark your business performance. Other organisations may be able to offer similar benchmarking tools.

Further LGBTQIA+ employer guidance

For further information and guidance for employers employing and supporting LGBTQIA+ staff see:

• best practice, toolkits and resources from Stonewall
• resources for creating an LGBTQA+ inclusive workplace
• transgender and non-binary equality, diversity, and inclusion in the workplace from the Chartered Institute of Personnel and Development (CIPD)

As an employer you are prohibited from discriminating unlawfully against job applicants or employees on the grounds of sexual orientation or gender reassignment. For example, it would be unlawful to select a less qualified straight employee in a promotion process because you disapprove of the different sexual orientation of a better qualified gay, lesbian, or bisexual candidate and who, but for their sexual orientation, would otherwise have been selected.

The law on sexual orientation discrimination

There are two main pieces of legislation which prohibit sexual orientation discrimination in Northern Ireland.

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 make it unlawful for employers and others to discriminate on grounds of sexual orientation in the areas of employment and vocational training. The regulation applies to all employers, regardless of their size.

The regulations make it unlawful to discriminate on the grounds of sexual orientation against employees, agency workers, job applicants and in some cases, former employees. Employers must not discriminate in many areas including, the recruitment and selection process, the terms and conditions they offer, the opportunities afforded (or not afforded) for promotion, transfer, training, or access to benefits, or by dismissing a staff member, or causing him/her any other detriment.

It is also unlawful to harass an employee or job applicant on the grounds of sexual orientation. See preventing bullying and harassment.

The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 make it unlawful to discriminate on the grounds of sexual orientation in the provision of goods, facilities, or services; premises; education and public functions.

Further guidance on sexual orientation discrimination

The Equality Commission for Northern Ireland has responsibility for promoting compliance with the law and for advising employers. Contact the Equality Commission.

The law on gender reassignment discrimination

The Sex Discrimination (Northern Ireland) Order 1976 makes it unlawful for employers, service providers, and some others to discriminate against job applicants, employees, and service users on the grounds that they have undergone, are undergoing, or intend to undergo gender reassignment.

For this purpose, the Sex Discrimination Order defines gender reassignment as:

"a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process."

Download sex discrimination and equal pay law in Northern Ireland - a short guide from the Equality Commission (PDF, 252K).

An example of gender reassignment discrimination might be where you dismiss an employee because they have been taking time off work to attend appointments for medical treatment relating to their gender reassignment, in a situation where you would not have dismissed any other employee who had similar periods of absence for any reason not related to gender reassignment.

Another example might be where you do not permit an employee who has obtained a full gender recognition certificate to use staff toilets corresponding to their acquired gender.

A person can make a discrimination claim against an employer or another employee for any unlawful discrimination. See further guidance on gender reassignment discrimination.

Gender reassignment-related harassment is also unlawful. For example, if a manager deliberately persists in referring to a male-to-female transgendered team member as 'him' and 'he', with the intention of offending the person and in the full knowledge that the person finds it upsetting, this would be harassment.

Download a guide to the Sex Discrimination Gender Reassignment Regulations (Northern Ireland) 1999 (PDF, 2.75MB).

The law protects all job applicants and employees, whether they are heterosexual, lesbian, gay or bisexual (LGB) from being subjected to such discrimination at work. Unlawful discrimination can occur when a person is treated less favourably or harassed because of their own sexual orientation, or their perceived sexual orientation, or because of the sexual orientation of people with whom they associate.

Job applicants are protected from discrimination throughout the recruitment process, and employees are protected from discrimination throughout the duration of their employment.

Sexual orientation discrimination can happen in a number of ways in the workplace. The types of discrimination that can occur and examples of these are outlined below.

Direct discrimination

Direct discrimination is where someone is (or would be) treated less favourably than someone else on the grounds of sexual orientation. For example, this could be promoting someone who is heterosexual instead of an equally or better qualified gay person where the reason for the treatment relates not to their relative merits but to the differences in their sexual orientations. Direct discrimination can refer to the unfair treatment of someone based on what you perceive their sexual orientation to be. It can also be treating someone less favourably because of the sexual orientation of a friend or relative.

Indirect discrimination

Indirect discrimination is where workplace provisions, criterions, practices or rules, which apply equally to all staff, may put persons of a particular sexual orientation at a disadvantage. For example, if your company has a policy which expects staff without a young family and children to work more unsociable shifts this may put LGB staff, who are less likely to have children, at a particular disadvantage. In certain circumstances, indirect discrimination can be justified if it is for a legitimate reason and the means to achieve it are proportionate.

Harassment

Harassment refers to unwanted conduct on the grounds of sexual orientation which violates someone's dignity or creates an intimidating, degrading, humiliating or offensive environment for them. This includes employees making homophobic comments to an LGB co-worker, or a manager not challenging staff who are making such comments in the workplace. The law states that an employer may be liable for the behaviour of its employees, where they have not taken all reasonably practicable steps to prevent the harassment from occurring.

Victimisation

Victimisation is when someone makes a claim or complaint, or gives evidence in support of a colleague making a complaint, about being unlawfully discriminated against or harassed on grounds of sexual orientation and they are in turn treated less favourably, in retaliation for the complaint, or the support that was given. For example, the exclusion of someone from regular company social events. Employers should investigate complaints and address any behaviour that leads to someone feeling they are being victimised in the workplace.

Trans workers face distinct challenges in the workplace. These range from physical spaces such as gendered facilities to discrimination and harassment. Creating a working environment that enables your trans staff to be themselves in the workplace also promotes acceptance among staff who are not trans.

Trans workers and protection from discrimination

Under the Sex Discrimination (Northern Ireland) Order 1976, gender reassignment is defined as being 'a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such process.' Protection against unlawful discrimination extends to those trans people who intend to undergo, are undergoing, or have undergone the process of gender reassignment so defined.

How to avoid workplace transphobia

Transphobic language can create a hostile environment for trans people which may amount to bullying and/or harassment. Employers and staff at all levels of an organisation should be proactive in challenging transphobia. Some examples of transphobia in the workplace and actions you can take to prevent it occurring are outlined below:

Speculating about someone's gender

Speculation can lead to insulting gossip and can undermine the person's dignity. If you are unsure you should respectfully ask which pronoun the person prefers to use.

Purposefully ignoring someone's preferred pronoun

This undermines the person's gender identity and sense of self. If a member of staff has asked to be referred to by a certain pronoun then you should respect this and ensure others in the workplace respect this too.

Disclosure of someone's trans history

For some people, their trans history is part of their past and not their current identity following transition. You must not disclose an employee's trans history unless they have given you their explicit consent.

Referring to someone's trans history

Some people may be guarded about their trans history and others may be more open about it. However, staff should be respectful and avoid comments about 'how an individual was before'.

Inappropriate questions about medical treatment

An individual's medical history or ongoing medical treatment is a private and personal matter. A trans person's body is their own. Staff should respect the trans person's right to privacy.

Questioning someone's ability to 'pass'

'Passing' refers to when a trans person 'passes' for someone who isn't trans. Telling someone they could be more 'convincing' is both insulting and degrading. Staff should respect a person's gender identity regardless of whether they conform to standard notions of gendered beauty.

Use of toilet or changing facilities

Employers should avoid discriminating unlawfully against anyone with the protected characteristic of gender reassignment (see definition outlined above). For example, where only separate male and female toilet facilities are provided an employee who has obtained a full gender recognition certificate should normally be permitted to use the staff toilets corresponding to their acquired gender. Where employers can offer adequately secure and private gender-neutral toilets, changing and washing facilities, the risk of discriminating unlawfully against transgender people would be reduced and it would be good practice to aim for this solution. Employers should always ensure that there are suitable facilities for trans people that meet the same good standards of quality, security, privacy, and hygiene that are provided to all members of staff. In the case of employees who are transitioning, employers should consult them about their needs and make plans for them.

Further information and advice

The scenarios above address only some of the general issues and principles that may arise when supporting trans staff. For further guidance and support, you can contact the Equality Commission.

As an employer, you have a legal responsibility to ensure that all your staff, regardless of whether they propose to undergo, are undergoing, or have undergone gender reassignment, do not suffer discriminatory treatment at work. It is best practice to ensure that all staff work in an environment that enables them to reach their full potential.

See recruiting and retaining transgender staff - Government Equalities Office guidance.

By taking practical steps to effectively include lesbian, gay, bisexual, transgender, queer, intersex and/or asexual staff (LGBTQIA+) staff in the workplace you'll demonstrate your commitment to respecting the identities of all your employees.

Tops tips for LGBTQIA+ workplace inclusion

We have outlined below some actions you can take as an employer to help value and respect your LGBTQIA+ staff.

Understand your staff

Getting to know your staff will help ensure you effectively cater to any needs LGBTQIA+ employees may have. Staff who are better understood will be happier and more productive. See engaging with staff.

Learn about LGBTQIA+ issues

Increase your understanding and awareness of issues unique to LGBTQIA+ people, such as gender reassignment. Ask your LGBTQIA+ staff about issues in the workplace that they find challenging and ask them to suggest ideas that could help improve the working environment for all.

Get senior management support

Have senior staff within your organisation help implement diversity initiatives and actively communicate their support for LGBTQIA+ inclusion and other diversity activities.

Evaluate your business values and culture

Does your business have a culture and set of values that enable diversity and equality to thrive? If not, you may to need rewrite your business values so that they focus on an inclusive and diverse workplace for all. Diversity can help to attract talent and foster innovation.

Revise workplace policies

Review your workplace policies and ensure these policies explicitly mention how you as an employer support LGBTQIA+ people within your organisation. You could also develop LGBTQIA+ specific policies - eg a policy on transitioning at work with guidance for employees who are transitioning, line managers, and human resources. Your workplace policies should establish a strong sense of anti-discrimination so that all employees know what is not tolerated in the workplace. See set up employment policies for your business.

Look out for signs of problems or issues

Identifying signs that staff are under stress and not happy at work can help you deal with problems at an early stage before they become more difficult to resolve or manage. As soon as you suspect bullying, harassment, or discrimination in the workplace you should take action to deal with them. See dealing with bullying and harassment claims.

Outline your strategy

Clearly set out how you are going to develop a more diverse workplace - eg by taking lawful positive action in recruitment. Identify how you are going to promote diversity in your workplace and how you are going to make all staff feel included. A simple plan of where you want to be and how you're going to get there will give you a clear understanding. See communicate your business strategy and gain employee buy in.

Develop an LGBTQIA+ network

You could set up a network group specifically for LGBTQIA+ employees. They can help advise you on things that work well for them in the workplace and areas that may need a new approach. You should also encourage staff who don't identify themselves as LGBTQIA+ to support the LGBTQIA+ network. These members of staff can work with the LGBTQIA+ network to champion diversity in the workplace. The LGBTQIA+ network can help implement diversity initiatives and build awareness - eg through talks and events. Staff can also show their visible support for their colleagues - eg with LGBTQIA+ allies mugs or lanyards.

Consult with staff

You should speak regularly with both LGBTQIA+ and non-LGBTQIA+ staff about what inclusion looks like in your business, how you should address it, and how staff can help nurture it. This should be an ongoing process where you look at the action you have taken, assess the impact with staff feedback, and make improvements where necessary. See engaging with staff.

Communicate your LGBTQIA+ policies

Let your staff know that your policies are LGBTQIA+ inclusive with proactive internal communication - eg LGBTQIA+ specific campaigns, as part of employee inductions, updates on policies, or highlighting through equality and diversity training. See writing and communicating staff policies.

Promote your organisation as LGBTQIA+ inclusive

Ensure that your LGBTQIA+ inclusive information is accessible on your website, especially on pages where you advertise job opportunities or have staff testimonials for you as an employer. Communicate your LGBTQIA+ good news stories on social media - eg sharing employee stories or reporting on LGBTQIA+ workplace initiatives.

Become a diversity champion

A variety of schemes are run by organisations such as Stonewall Diversity Champion programme, Diversity Mark NI, and others.

Benchmark your LGBTQIA+ efforts

Stonewall's Workplace Equality Index is a free benchmarking tool for employers to measure their progress on LGBTQIA+ inclusion and equality in the workplace. Participation is free and enables you to compare your performance with organisations in your region and sector. You will also receive in-depth feedback. See benchmark your business performance. Other organisations may be able to offer similar benchmarking tools.

Further LGBTQIA+ employer guidance

For further information and guidance for employers employing and supporting LGBTQIA+ staff see:

• best practice, toolkits and resources from Stonewall
• resources for creating an LGBTQA+ inclusive workplace
• transgender and non-binary equality, diversity, and inclusion in the workplace from the Chartered Institute of Personnel and Development (CIPD)

As an employer you are prohibited from discriminating unlawfully against job applicants or employees on the grounds of sexual orientation or gender reassignment. For example, it would be unlawful to select a less qualified straight employee in a promotion process because you disapprove of the different sexual orientation of a better qualified gay, lesbian, or bisexual candidate and who, but for their sexual orientation, would otherwise have been selected.

The law on sexual orientation discrimination

There are two main pieces of legislation which prohibit sexual orientation discrimination in Northern Ireland.

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 make it unlawful for employers and others to discriminate on grounds of sexual orientation in the areas of employment and vocational training. The regulation applies to all employers, regardless of their size.

The regulations make it unlawful to discriminate on the grounds of sexual orientation against employees, agency workers, job applicants and in some cases, former employees. Employers must not discriminate in many areas including, the recruitment and selection process, the terms and conditions they offer, the opportunities afforded (or not afforded) for promotion, transfer, training, or access to benefits, or by dismissing a staff member, or causing him/her any other detriment.

It is also unlawful to harass an employee or job applicant on the grounds of sexual orientation. See preventing bullying and harassment.

The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 make it unlawful to discriminate on the grounds of sexual orientation in the provision of goods, facilities, or services; premises; education and public functions.

Further guidance on sexual orientation discrimination

The Equality Commission for Northern Ireland has responsibility for promoting compliance with the law and for advising employers. Contact the Equality Commission.

The law on gender reassignment discrimination

The Sex Discrimination (Northern Ireland) Order 1976 makes it unlawful for employers, service providers, and some others to discriminate against job applicants, employees, and service users on the grounds that they have undergone, are undergoing, or intend to undergo gender reassignment.

For this purpose, the Sex Discrimination Order defines gender reassignment as:

"a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process."

Download sex discrimination and equal pay law in Northern Ireland - a short guide from the Equality Commission (PDF, 252K).

An example of gender reassignment discrimination might be where you dismiss an employee because they have been taking time off work to attend appointments for medical treatment relating to their gender reassignment, in a situation where you would not have dismissed any other employee who had similar periods of absence for any reason not related to gender reassignment.

Another example might be where you do not permit an employee who has obtained a full gender recognition certificate to use staff toilets corresponding to their acquired gender.

A person can make a discrimination claim against an employer or another employee for any unlawful discrimination. See further guidance on gender reassignment discrimination.

Gender reassignment-related harassment is also unlawful. For example, if a manager deliberately persists in referring to a male-to-female transgendered team member as 'him' and 'he', with the intention of offending the person and in the full knowledge that the person finds it upsetting, this would be harassment.

Download a guide to the Sex Discrimination Gender Reassignment Regulations (Northern Ireland) 1999 (PDF, 2.75MB).

The law protects all job applicants and employees, whether they are heterosexual, lesbian, gay or bisexual (LGB) from being subjected to such discrimination at work. Unlawful discrimination can occur when a person is treated less favourably or harassed because of their own sexual orientation, or their perceived sexual orientation, or because of the sexual orientation of people with whom they associate.

Job applicants are protected from discrimination throughout the recruitment process, and employees are protected from discrimination throughout the duration of their employment.

Sexual orientation discrimination can happen in a number of ways in the workplace. The types of discrimination that can occur and examples of these are outlined below.

Direct discrimination

Direct discrimination is where someone is (or would be) treated less favourably than someone else on the grounds of sexual orientation. For example, this could be promoting someone who is heterosexual instead of an equally or better qualified gay person where the reason for the treatment relates not to their relative merits but to the differences in their sexual orientations. Direct discrimination can refer to the unfair treatment of someone based on what you perceive their sexual orientation to be. It can also be treating someone less favourably because of the sexual orientation of a friend or relative.

Indirect discrimination

Indirect discrimination is where workplace provisions, criterions, practices or rules, which apply equally to all staff, may put persons of a particular sexual orientation at a disadvantage. For example, if your company has a policy which expects staff without a young family and children to work more unsociable shifts this may put LGB staff, who are less likely to have children, at a particular disadvantage. In certain circumstances, indirect discrimination can be justified if it is for a legitimate reason and the means to achieve it are proportionate.

Harassment

Harassment refers to unwanted conduct on the grounds of sexual orientation which violates someone's dignity or creates an intimidating, degrading, humiliating or offensive environment for them. This includes employees making homophobic comments to an LGB co-worker, or a manager not challenging staff who are making such comments in the workplace. The law states that an employer may be liable for the behaviour of its employees, where they have not taken all reasonably practicable steps to prevent the harassment from occurring.

Victimisation

Victimisation is when someone makes a claim or complaint, or gives evidence in support of a colleague making a complaint, about being unlawfully discriminated against or harassed on grounds of sexual orientation and they are in turn treated less favourably, in retaliation for the complaint, or the support that was given. For example, the exclusion of someone from regular company social events. Employers should investigate complaints and address any behaviour that leads to someone feeling they are being victimised in the workplace.

Trans workers face distinct challenges in the workplace. These range from physical spaces such as gendered facilities to discrimination and harassment. Creating a working environment that enables your trans staff to be themselves in the workplace also promotes acceptance among staff who are not trans.

Trans workers and protection from discrimination

Under the Sex Discrimination (Northern Ireland) Order 1976, gender reassignment is defined as being 'a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such process.' Protection against unlawful discrimination extends to those trans people who intend to undergo, are undergoing, or have undergone the process of gender reassignment so defined.

How to avoid workplace transphobia

Transphobic language can create a hostile environment for trans people which may amount to bullying and/or harassment. Employers and staff at all levels of an organisation should be proactive in challenging transphobia. Some examples of transphobia in the workplace and actions you can take to prevent it occurring are outlined below:

Speculating about someone's gender

Speculation can lead to insulting gossip and can undermine the person's dignity. If you are unsure you should respectfully ask which pronoun the person prefers to use.

Purposefully ignoring someone's preferred pronoun

This undermines the person's gender identity and sense of self. If a member of staff has asked to be referred to by a certain pronoun then you should respect this and ensure others in the workplace respect this too.

Disclosure of someone's trans history

For some people, their trans history is part of their past and not their current identity following transition. You must not disclose an employee's trans history unless they have given you their explicit consent.

Referring to someone's trans history

Some people may be guarded about their trans history and others may be more open about it. However, staff should be respectful and avoid comments about 'how an individual was before'.

Inappropriate questions about medical treatment

An individual's medical history or ongoing medical treatment is a private and personal matter. A trans person's body is their own. Staff should respect the trans person's right to privacy.

Questioning someone's ability to 'pass'

'Passing' refers to when a trans person 'passes' for someone who isn't trans. Telling someone they could be more 'convincing' is both insulting and degrading. Staff should respect a person's gender identity regardless of whether they conform to standard notions of gendered beauty.

Use of toilet or changing facilities

Employers should avoid discriminating unlawfully against anyone with the protected characteristic of gender reassignment (see definition outlined above). For example, where only separate male and female toilet facilities are provided an employee who has obtained a full gender recognition certificate should normally be permitted to use the staff toilets corresponding to their acquired gender. Where employers can offer adequately secure and private gender-neutral toilets, changing and washing facilities, the risk of discriminating unlawfully against transgender people would be reduced and it would be good practice to aim for this solution. Employers should always ensure that there are suitable facilities for trans people that meet the same good standards of quality, security, privacy, and hygiene that are provided to all members of staff. In the case of employees who are transitioning, employers should consult them about their needs and make plans for them.

Further information and advice

The scenarios above address only some of the general issues and principles that may arise when supporting trans staff. For further guidance and support, you can contact the Equality Commission.

As an employer, you have a legal responsibility to ensure that all your staff, regardless of whether they propose to undergo, are undergoing, or have undergone gender reassignment, do not suffer discriminatory treatment at work. It is best practice to ensure that all staff work in an environment that enables them to reach their full potential.

See recruiting and retaining transgender staff - Government Equalities Office guidance.

By taking practical steps to effectively include lesbian, gay, bisexual, transgender, queer, intersex and/or asexual staff (LGBTQIA+) staff in the workplace you'll demonstrate your commitment to respecting the identities of all your employees.

Tops tips for LGBTQIA+ workplace inclusion

We have outlined below some actions you can take as an employer to help value and respect your LGBTQIA+ staff.

Understand your staff

Getting to know your staff will help ensure you effectively cater to any needs LGBTQIA+ employees may have. Staff who are better understood will be happier and more productive. See engaging with staff.

Learn about LGBTQIA+ issues

Increase your understanding and awareness of issues unique to LGBTQIA+ people, such as gender reassignment. Ask your LGBTQIA+ staff about issues in the workplace that they find challenging and ask them to suggest ideas that could help improve the working environment for all.

Get senior management support

Have senior staff within your organisation help implement diversity initiatives and actively communicate their support for LGBTQIA+ inclusion and other diversity activities.

Evaluate your business values and culture

Does your business have a culture and set of values that enable diversity and equality to thrive? If not, you may to need rewrite your business values so that they focus on an inclusive and diverse workplace for all. Diversity can help to attract talent and foster innovation.

Revise workplace policies

Review your workplace policies and ensure these policies explicitly mention how you as an employer support LGBTQIA+ people within your organisation. You could also develop LGBTQIA+ specific policies - eg a policy on transitioning at work with guidance for employees who are transitioning, line managers, and human resources. Your workplace policies should establish a strong sense of anti-discrimination so that all employees know what is not tolerated in the workplace. See set up employment policies for your business.

Look out for signs of problems or issues

Identifying signs that staff are under stress and not happy at work can help you deal with problems at an early stage before they become more difficult to resolve or manage. As soon as you suspect bullying, harassment, or discrimination in the workplace you should take action to deal with them. See dealing with bullying and harassment claims.

Outline your strategy

Clearly set out how you are going to develop a more diverse workplace - eg by taking lawful positive action in recruitment. Identify how you are going to promote diversity in your workplace and how you are going to make all staff feel included. A simple plan of where you want to be and how you're going to get there will give you a clear understanding. See communicate your business strategy and gain employee buy in.

Develop an LGBTQIA+ network

You could set up a network group specifically for LGBTQIA+ employees. They can help advise you on things that work well for them in the workplace and areas that may need a new approach. You should also encourage staff who don't identify themselves as LGBTQIA+ to support the LGBTQIA+ network. These members of staff can work with the LGBTQIA+ network to champion diversity in the workplace. The LGBTQIA+ network can help implement diversity initiatives and build awareness - eg through talks and events. Staff can also show their visible support for their colleagues - eg with LGBTQIA+ allies mugs or lanyards.

Consult with staff

You should speak regularly with both LGBTQIA+ and non-LGBTQIA+ staff about what inclusion looks like in your business, how you should address it, and how staff can help nurture it. This should be an ongoing process where you look at the action you have taken, assess the impact with staff feedback, and make improvements where necessary. See engaging with staff.

Communicate your LGBTQIA+ policies

Let your staff know that your policies are LGBTQIA+ inclusive with proactive internal communication - eg LGBTQIA+ specific campaigns, as part of employee inductions, updates on policies, or highlighting through equality and diversity training. See writing and communicating staff policies.

Promote your organisation as LGBTQIA+ inclusive

Ensure that your LGBTQIA+ inclusive information is accessible on your website, especially on pages where you advertise job opportunities or have staff testimonials for you as an employer. Communicate your LGBTQIA+ good news stories on social media - eg sharing employee stories or reporting on LGBTQIA+ workplace initiatives.

Become a diversity champion

A variety of schemes are run by organisations such as Stonewall Diversity Champion programme, Diversity Mark NI, and others.

Benchmark your LGBTQIA+ efforts

Stonewall's Workplace Equality Index is a free benchmarking tool for employers to measure their progress on LGBTQIA+ inclusion and equality in the workplace. Participation is free and enables you to compare your performance with organisations in your region and sector. You will also receive in-depth feedback. See benchmark your business performance. Other organisations may be able to offer similar benchmarking tools.

Further LGBTQIA+ employer guidance

For further information and guidance for employers employing and supporting LGBTQIA+ staff see:

• best practice, toolkits and resources from Stonewall
• resources for creating an LGBTQA+ inclusive workplace
• transgender and non-binary equality, diversity, and inclusion in the workplace from the Chartered Institute of Personnel and Development (CIPD)