NCJ Number
214193
Date Published
March 2006
Length
84 pages
Annotation
The Equality Act 2006 allows the British Government to prohibit discrimination based on sexual orientation in the provision of goods, facilities, and services in education and other public functions; this paper describes the approach proposed for the Government's development of regulations to govern the use of this power that will become effective in October 2006.
Abstract
The regulations will prohibit discrimination based on sexual orientation in the areas of housing, education in schools, advertising, and clubs, where those activities are not otherwise addressed in the general goods, facilities, and services provisions of the legislation. The proposed regulations will apply to specified activities in Great Britain (England, Scotland, and Wales). Separate regulations are proposed for Northern Ireland, which has a different legislative framework for addressing discrimination. These regulations will be published soon. Presented in the form of a consultation, the paper contains questions regarding proposed regulations in each of the areas addressed. The areas covered by the regulations are described, with examples of why the protection against discrimination based on sexual orientation is needed. It also notes areas where more detail is required in showing the way in which the regulations will apply, along with whether or not there are good reasons to consider excluding certain activities from the scope of the regulations. The regulations explain two types of unlawful discrimination: direct discrimination, which involves overt discrimination in interaction with a person based on that person's sexual orientation; and indirect discrimination, which results when policies and practices, although appearing neutral and unbiased, may have the practical effect of denying specified services to a person because of his/her sexual orientation. Regulations also pertain to the encouragement of reporting victimization, harassment because of sexual orientation, the validity of contracts when discriminatory clauses are present, and the enforcement of the regulations. Appended code of practice on consultations, comments or complaints, and partial regulatory impact assessment