Sexual orientation can be defined as a person’s sexual attraction to other people, or lack thereof. There are a number of terms that can be used to describe a person's sexual orientation. The term 'orientation' is commonly used as an umbrella term covering sexual and romantic orientations. Discrimination arises when someone is treated less favourably because of their sexual orientation. Sexual orientation and discrimination protection has nothing to do with someone’s sexual practices, for example sadomasochism.

Gender identity is a person’s innate sense of their own gender, whether male, female or something else, which may or may not correspond to the sex assigned at birth. Gender reassignment discrimination is when someone is treated less favourably because of being transgender. This covers people whose gender identity differs from the gender assigned at birth. Gender reassignment refers to anyone who has proposed, started or completed a process to change his or her sex assigned at birth.

Research for our Perspectives on LGBT+ working lives report found that LGB+ and trans workers experience higher levels of conflict at work compared to heterosexual employees. Many LGB+ and trans workers stated that even after reporting incidents, conflicts were not resolved. Some of the findings were very positive however, with very high percentages of LGB+ and trans respondents reporting that they had good working relationships at work. Job satisfaction levels are on a par with heterosexual workers.

People professionals have a key role in creating fair and inclusive workplaces. As part of coherent inclusion, diversity and employee engagement strategies, employers should undertake thorough reviews or equality analyses of policies and working practices to remove unfair discrimination and bias. However, there’s still a significant way to go until we can claim this is the case with LGBT+ inclusion.

Our viewpoint on sexual orientation, gender identity and reassignment gives recommendations for employers, with additional information below.

Inclusion policy

Although there’s no legal requirement to have a written inclusion and diversity policy, it’s a good idea to produce and actively use one. In some discrimination claims, employers may have a defence if they can show that they took all reasonable steps to prevent the discrimination occurring. Having a comprehensive current policy, and recent relevant training will help employers to distance themselves from liability for acts such as harassment by an individual perpetrator employed by them. A policy also demonstrates the organisation takes its legal and moral obligations towards being a diverse and inclusive employer seriously. It can also encourage employees to treat others equally.

Communication and training

Employers should:

• Communicate a firm commitment to LGBT+ inclusion and ensure equality and diversity policies and statements are easily accessible to all. Use a variety of communication methods and channels to do this.

• Ensure all employees understand their personal responsibility to treat colleagues with respect. Make it clear the organisation has a zero-tolerance approach to bullying, harassment and discrimination. Provide examples of the standards of behaviour required of everyone, what bullying, harassment and discrimination with respect to sexual orientation and gender identity looks like, and the consequences of breaking the behaviour codes.

• Ensure all staff are aware of how to report instances of bullying, harassment or discrimination on the basis of sexual orientation or gender identity, and feel able to do so. Deal proactively with all complaints of inappropriate behaviour swiftly, seriously and compassionately.

• Ensure line mangers understand their role in promoting inclusion and understand how to support trans and LGBT+ staff. Ensure they are trained and confident to challenge any form of inappropriate behaviour. Work closely with managers to ensure they implement people management practices fairly and consistently.

• Work with employee networks to understand LGBT+-specific issues in the organisation, how staff can be better supported, and work collaboratively in communicating the importance of inclusion and diversity to the rest of the organisation.

Reviewing employment practices

Employers should:

• Assign senior level responsibilities for driving diversity issues, including a sponsor for LGBT+ inclusion and allocating appropriate resources.

• Ensure recruitment and selection processes are fair and not open to discrimination on the basis of sexual orientation or gender identity. For example, take care in drafting advertisements to avoid discrimination and stereotyping through language and images, and aim to attract candidates from diverse sources. Indicate if any genuine Occupational Requirements apply.

• Incorporate a diversity statement in every job advert. Have links to your organisation’s inclusion and diversity webpage where people can find out more about your commitment, and information about employee resource groups, such as an LGBT+ network.

• Operate transparent and consistent performance management processes career paths, and promotion and development opportunities for all.

• Review policies and procedures, and terms and conditions of employment to ensure fairness and legal compliance. Involve your LGBT+ network in reviewing policies if you have one.

• Ensure the wording of policies and procedures is gender neutral. For example, paternity, maternity, shared parental leave and adoption leave policies should be explicitly inclusive of same gender partners and non-binary people.

• Have policies such as a transitioning at work, diversity, equal opportunity and anti-bullying which set out how the organisation will support staff to live and work in the gender they identify as. See our guide to transgender and non-binary EDI in the workplace.

Contacts

Acas – Discrimination, bullying and harassment

GOV.UK - Employers: preventing discrimination

Equality and Human Rights Commission - Gender reassignment discrimination

Equality and Human Rights Commission - Sexual orientation discrimination

Government Equalities Office

Books and reports

Gibson, S. and Fernandez, J. (2018) Gender diversity and non-binary inclusion in the workplace: the essential guide for employers. London: Jessica Kingsley Publishers.

Government Equalities Office. (2015) Recruiting and retaining transgender staff: a guide for employers. London: GEO.

Hoel, H., Lewis, D. and Einarsdottir, A. (2014) The ups and downs of LGBs’ workplace experiences: discrimination, bullying and harassment of lesbian, gay and bisexual employees in Britain. Manchester: Manchester Business School.

Rubenstein, M. (2021) Discrimination: a guide to the relevant case law. 34th ed. London: Michael Rubenstein Publishing.

Journal articles

Baska, M. (2018) One in five LGBT people still aren’t ‘out’ at work according to national survey. People Management (online). 4 July.

Brown, L. (2021) Number of trans people who hide their identity at work increasing, poll finds. People Management (online). 25 March.

LanANDY, M.C. (2017) How to tackle transgender discrimination at work. People Management (online). 6 November.

NEWBERRY, C. (2017) Five strategies for better LGBT workplace inclusion. People Management (online). 27 March.

WEBSTER, J.R. et al. (2017) Workplace contextual supports for LGBT employees: a review, meta-analysis, and agenda for future research. Human Resource Management. Vol 57, No 1. pp193-210. Reviewed in Bitesize research.

WILLMOTT, B. (2019) Gender recognition: a complex and controversial issue. CIPD Voice. No 19. 5 July.

CIPD members can use our online journals to find articles from over 300 journal titles relevant to HR.

Members and People Management subscribers can see articles on the People Management website.