Non-Normative Gender and Sexual Identities in Schools: - Schools Out

NATIONAL UNION OF TEACHERS FEBRUARY 2007
What discrimination is covered?
The Regulations will protect teachers from discrimination, victimisation and
harassment.
Direct Discrimination
The employer will be liable where a person - for example, an employer, head
teacher, another teacher, or a school governor - discriminates against a
teacher on the grounds of sexual orientation.
Indirect Discrimination
Employers must not have employment practices or procedures relating to
employment which apply to everyone but disadvantage employees of a
particular sexual orientation. Indirect sexual orientation discrimination may be
unlawful even if it is not intentional.
Victimisation
The employer will be liable where a teacher is treated less favourably because
he or she has taken any action under the Regulations or if the employer
knows or suspects that the teacher intends to do so.
Harassment
The harassment provisions cover harassment by an employer or employee. If
the purpose or effect of a person's conduct is to violate another's dignity or to
create an intimidating, hostile, degrading, humiliating, or offensive
environment for him or her, on the grounds of sexual orientation, the employer
will be liable.
What protection from sexual orientation discrimination is there for
teachers seeking employment?
Teachers should not be discriminated against or harassed in recruitment
procedures. This includes advertisements, selection and interview
procedures, appointment procedures and the terms of employment.
Are teachers protected from sexual orientation discrimination during
employment?
The protection from discrimination and harassment continues throughout a
teacher's employment. Teachers should not be subjected to a detriment on
the grounds of sexual orientation in access to and procedures for promotions
or transfers, training or receiving any other benefit.
What if a former employer discriminates against a teacher?
Where an employment relationship has come to an end, it is unlawful for an
employer or employee to discriminate against a former worker by subjecting
him or her to a detriment or to harassment; this applies similarly to the
provision of references.
GUIDANCE TO MEMBERS
2
SEXUAL ORIENTATION DISCRIMINATION