New Equality Legislation
May 3, 2007
Author:Clive Hitchen

Legislation banning such discrimination in the employment context has been in force for some time. The new rules have been in the press because some religious groups have wanted exemptions, such as to allow Catholic or Muslim adoption agencies to refuse to place children with gay couples.

Clive Hitchen says : “The rules could have a wide impact. It is now illegal, for example, for a shop or restaurant to refuse to serve someone on the grounds of their religion or because they are homosexual. Similarly, it would be illegal for a school to discriminate against a child because of their parents' sexuality. The guidance which accompanies the regulations make it clear that businesses need to provide services in a non-discriminatory way. The new regulations are very similar to existing anti-discrimination measures that provide protection from race and sex discrimination in service provision.

The regulations mean that business must not -

· refuse to supply your normal service to someone, or treat them less well than others, on ground of their actual or presumed sexual orientation, or that of someone with whom they are associated or on ground of their religion or belief (or their lack of religion or belief);

· apply provisions, criteria or practices which put, or would put, people of a particular sexual orientation or people of a particular religion or belief at a disadvantage compared to others;

· treat civil partners on an unequal basis to those who are married, or treat same sex unmarried couples on an unequal basis to mixed-sex unmarried couples, in either case on grounds of their sexual orientation;

· treat someone less well because they have been involved in making, or supporting, a complaint about discrimination of this kind; unless they were acting maliciously in knowingly making a false complaint;

· advertise in a way which indicates an intention to discriminate unlawfully or get someone else to do any of these things.

For further information contact Clive on 01494 521301]