Harassment related to sexual orientation
Harassment related to sexual orientation, actual or perceived, is illegal under the Equality Act 2010 and is a form of discrimination. Harassment related to sexual orientation can be:
- harassment of someone because of their actual sexual orientation
- harassment of someone because of their perceived sexual orientation
- harassment of someone because of the actual or perceived sexual orientation of those with whom they associate.
Some useful definitions:
Homophobia is defined as 'the irrational hatred, intolerance, and fear of lesbian, gay and bisexual (LGB) people'.
While the above definition is inclusive of bisexual people, it is important to also note that biphobia exists as well, and is unique in that it may be experienced by bisexual people from members of both the heterosexual and LGBTQ+ communities and may include:
- denying that bisexuality is a genuine sexual orientation
- promoting negative stereotypes about bisexual people (e.g. 'bisexual people are just greedy')
- suggesting that bisexual people are promiscuous or dishonest
- suggesting that bisexuality does not exist, or 'erasing' bisexuality
- excluding bisexual people activities on the basis that they do not 'fit in' due to their orientation
The following are some examples of activities that might constitute harassment related to sexual orientation:
- Making suggestive or unwelcome comments or gestures emphasizing the actual or perceived sexual orientation of an individual or group:
- A manager makes inappropriate jokes or comments about a colleague's sexuality during meetings, such as saying, "Oh, you probably wouldn’t be interested in this because it’s not your kind of club," when discussing a social event.
- Engaging in homophobic behaviour:
- A group of co-workers repeatedly excludes a gay colleague from conversations, deliberately avoiding them during team lunches or after-work gatherings, while making snide remarks about their sexuality.
- Engaging in biphobic behaviour:
- A colleague mocks someone for identifying as bisexual, dismissing their orientation as "just a phase" and refusing to take their relationship with a partner of the opposite gender seriously.
- Using homophobic or biphobic language or displaying homophobic or biphobic materials:
- A staff member uses slurs or derogatory terms related to sexual orientation in emails or conversations, or displays offensive, homophobic memes or posters in the workplace.
- Making homophobic or biphobic insults or threats:
- A colleague makes hostile comments like, “People like you don’t belong here,” or threatens to harm someone if they don't "stay away" from certain co-workers because of their sexual orientation.
- Engaging in banter or making jokes that are degrading to a person’s actual or perceived sexual orientation:
- During office gatherings, co-workers engage in "banter" about a gay colleague’s lifestyle, making jokes that belittle or stereotype them based on their orientation, making the person uncomfortable.
- Outing an individual as lesbian, gay, or bisexual without their permission:
- A co-worker casually mentions or discloses someone's sexual orientation during a team meeting or in office conversations without their consent, exposing them to potential discrimination.
- Ignoring or excluding an individual from activities because they are lesbian, gay, or bisexual:
- A bisexual employee is not invited to team-building events or after-work drinks because colleagues believe their presence will "make things awkward."
- Spreading rumours or gossip about an individual’s actual or perceived sexual orientation:
- Colleagues gossip about a team member's sexual orientation, whether true or perceived, spreading unfounded rumours about their private life, leading to workplace isolation.
- Asking an individual intrusive questions about their private life:
- A co-worker repeatedly asks overly personal questions about an employee's romantic relationships or sexual history, making the individual feel uncomfortable and targeted.
- Making assumptions and judgments about someone based on their actual or perceived sexual orientation:
- A manager assumes a lesbian employee won't be interested in a leadership role because they perceive her as "too masculine," or decides not to assign her a project involving a male-dominated client group based on her sexual orientation.
- Verbally or physically abusing or intimidating someone because of their actual or perceived sexual orientation:
- A co-worker shouts slurs or makes aggressive comments toward an employee believed to be gay, or engages in physical intimidation such as bumping into them deliberately in the office hallways.