Sexual Orientation Discrimination

The response of the Canadian labour movement to sexual orientation discrimination has been mixed and uneven. The Canadian Labour Congress, along with several provincial federations and a grouping number of unions, have taken a leadership role in promoting equal rights for gays and lesbians, while other labour organizations have done nothing at all. Public sector and Canadian based unions are much more likely to have been active than have American-based unions, even though there are important exceptions to these trends. These developments are partially explained by regional dynamics, membership demographics, degree of activism, the presence of women's committees, and organizational leadership.

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Dignity and Disgrace: Moral Citizenship and Constitutional Protection

Understanding Human Dignity ◽

10.5871/bacad/9780197265642.003.0027 ◽

2013 ◽

Cited By ~ 1

Author(s):

Edwin Cameron

Keyword(s):

Sexual Orientation ◽

South African ◽

Orientation Discrimination ◽

Constitutional Court ◽

South Africans ◽

Constitutional Protection ◽

Sexual Orientation Discrimination ◽

Moral Citizenship ◽

Gays And Lesbians ◽

South African Constitution

Apartheid’s race discrimination branded blacks inferior, leaving a residue of indignity that was perceived and experienced as shameful. This explains the pivotal significance of dignity in the South African Constitution. Hence the Constitutional Court has created a normative framework for South Africans to assert personhood without the shameful stigmata of past subordination. The Court’s strong protection of sexual orientation is best understood against this backdrop. While there is no ready comparison between race and sexual orientation discrimination, both brand those they subordinate as inferior and thus as the objects of shame. The Court’s jurisprudence on gays and lesbians has, therefore, afforded equality, but also addressed the shameful subordination of the past by enabling gays and lesbians to assert themselves as equal moral citizens who can fulfil their capacities as humans without shame.

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Sexual Orientation Discrimination and the European Convention on Human Rights

Going to Strasbourg ◽

10.1093/acprof:oso/9780198777618.003.0002 ◽

2016 ◽

pp. 9-74

Author(s):

Paul Johnson

Keyword(s):

Human Rights ◽

Sexual Orientation ◽

European Convention ◽

Orientation Discrimination ◽

Sexual Orientation Discrimination

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4. Discrimination in Employment

Smith & Wood's Employment Law ◽

10.1093/he/9780198793243.003.0004 ◽

2017 ◽

Author(s):

Ian Smith ◽

Aaron Baker ◽

Owen Warnock

Keyword(s):

Sexual Orientation ◽

Employment Discrimination ◽

Orientation Discrimination ◽

Religious Discrimination ◽

Sexual Orientation Discrimination ◽

Indirect Discrimination ◽

Key Concepts ◽

Discrimination In Employment ◽

History Of ◽

The Uk

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, such as direct and indirect discrimination and unique mechanisms for proving a discrimination claim. After outlining the remedies available in discrimination actions, the chapter then explores issues specific to discrete grounds of discrimination. This analysis tackles sex-discriminatory dress codes, the problem of what counts as an ‘ethnicity’, and the apparent clash between protections against sexual orientation discrimination and religious discrimination. Finally, the specialized approaches to disability and age discrimination under the Equality Act are explained, rounding out a comprehensive and up-to-date coverage of UK employment discrimination law.

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Sexual Orientation Discrimination as Sex Discrimination

The SAGE Encyclopedia of LGBTQ Studies ◽

10.4135/9781483371283.n377 ◽

2016 ◽

Keyword(s):

Sexual Orientation ◽

Sex Discrimination ◽

Orientation Discrimination ◽

Sexual Orientation Discrimination

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Is Sexual-Orientation Discrimination a Form of Sex Discrimination?

Liverpool Law Review ◽

10.1007/s10991-020-09257-w ◽

2020 ◽

Vol 41 (3) ◽

pp. 357-386

Author(s):

Daniel J. Hill

Keyword(s):

Sexual Orientation ◽

Supreme Court ◽

Sex Discrimination ◽

Orientation Discrimination ◽

Oxford University ◽

Sexual Orientation Discrimination ◽

Direct Discrimination ◽

State Of Mind ◽

Uk Supreme Court ◽

The Uk

Abstract In Bostock v Clayton County (2020) Gorsuch J holds that direct discrimination because of sexual orientation is a form of direct discrimination because of sex. I argue that the same is true under the Equality Act 2010. I consider the arguments of (Finnis, in: Finnis (ed) Intention and identity: collected essays, Oxford University Press, Oxford, 2011) and (Gardner in Oxf J Leg Stud 18(1):167–187, 1998) that “because of”, “on grounds of”, and similar phrases in UK discrimination legislation invoke the state of mind of the discriminator. I apply this point to Bull and Bull v Hall and Preddy [2013] arguing that (i) the UK Supreme Court was wrong to find direct discrimination on grounds of sexual orientation, while, (ii), nevertheless, under the Equality Act 2010, that case and similar cases actually involve direct discrimination because of sex, not because of sexual orientation. I conclude by considering some objections, precedents, and implications.

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