The strong global trend of prohibiting employment discrimination based on sexual orientation

2021 ◽  
Vol 24 (3/4) ◽  
pp. 388-400
Author(s):  
Kees Waaldijk
Keyword(s):  
Sexual Orientation ◽  
Orientation Discrimination ◽  
Sex Partners ◽  
The European Union ◽  
Social Strategies ◽  
Content Type ◽  
Sexual Orientation Discrimination ◽  
Homosexual Orientation ◽  
Global Trend ◽  
Discrimination In Employment

Abstract Over the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal recognition of homosexual orientation (more so than the decriminalisation of homosexual sex or the opening up of family law to same-sex partners). The trend is global (ten countries in Africa, more in Asia/Oceania, many in Europe and the Americas). The trend is reflected in supranational rules of the European Union and the Organisation of American States and also in decisions of international human rights bodies. On the basis of these numbers and developments, and in light of the various factors that help explain the strength of this global trend, the author argues that it is to be expected that the trend will continue to reach more and more countries. Explicit legal prohibitions of sexual orientation discrimination in employment can play a useful – perhaps central – role amongst other legal, educational, and social strategies aimed at increasing LGB inclusion.

4. Discrimination in Employment

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.

4. Discrimination in employment

2019 ◽  
pp. 254-365
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Sexual Orientation ◽  
Orientation Discrimination ◽  
Religious Discrimination ◽  
Equal Pay ◽  
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, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.

4. Discrimination in employment

2019 ◽  
pp. 244-350
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.

Discrimination against gays and lesbians in hiring decisions: a meta-analysis

2019 ◽  
Vol 41 (6) ◽  
pp. 671-691 ◽  
Author(s):  
Alexandre Flage
Keyword(s):  
Labor Market ◽  
Sexual Orientation ◽  
Selection Process ◽  
Meta Analysis ◽  
Oecd Countries ◽  
Orientation Discrimination ◽  
Hiring Decisions ◽  
Content Type ◽  
Sexual Orientation Discrimination ◽  
Meta Analyses

Purpose The purpose of this paper is to evaluate the true level of discrimination against openly gay and lesbian applicants in hiring decisions in OECD countries as well as on its determinants. Design/methodology/approach The author presents an overview of all studies conducted in order to test for discrimination against homosexual applicants in the labor market by the correspondence testing method. Moreover, the author performs a meta-analysis of correspondence tests from 18 separate studies conducted in OECD countries to test sexual orientation discrimination, containing more than 70 estimates of effects and representing a total of more than 50,000 resumes sent to employers. In addition to presenting overall results, the author focus on subgroups of specific correspondence tests in order to highlight the differences across gender, type of jobs, procedure, continent and type of information provided in applications. Findings The author provides evidence that sexual orientation discrimination occurs in the labor market in OECD countries, such that openly homosexual applicants face similar discrimination as ethnic minority applicants. Discrimination is significantly greater in the selection process for low-skilled than for high-skilled jobs. In the selection process for low-skilled jobs, lesbian candidates face significantly lower discrimination than gays (except in jobs that are considered “women’s” jobs). Discrimination is significantly higher in Europe than in North America. Moreover, the way sexual orientation is signaled may influence the level of discrimination found. Finally, discrimination against homosexual applicants is not only a matter of preferences: providing more positive information in applications significantly reduces the level of discrimination. Originality/value This paper offers the first quantitative analysis of sexual orientation discrimination in OECD countries through meta-analyses.

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