Official
The underlying problem is that while the legal framework may have changed (including the introduction of civil partnerships and changes giving same-sex partners similar access to pensions as enjoyed by married couples), there has not yet been a parallel shift in social attitudes. This discrepancy highlights the difference in attitude in the workplace and society. Despite the lengths some employers have gone to promoting diversity and tolerance, others simply turn a blind eye or actively encourage a workplace culture that makes it difficult for their lesbian and gay staff to be “out” at work for fear of falling victim to the office bullies or reaching a “pink stained glass ceiling”. For example, some gay employees have commented on how uncomfortable they find it with the City lap dancing culture which still exists in certain organisations.
A possibility is for companies to improve their workplace equality and diversity policies. For example, the company can focus on a culture of inclusiveness, rather than diversity which focuses on the differences of culture, age and sexual orientation. The key is to create an environment at work without being overly politically correct and without being patronising to gay employees.
So what is the law relating to homosexuality in the workplace?
The Employment Equality (Sexual Orientation) Regulations 2003
The recent case of Peter Lewis v HSBC highlights that gay discrimination cases are inherently newsworthy, and what with the recent clarification of the law regarding vicarious liability for harassment, bullying and discrimination on any grounds should be stamped out if employers wish to minimise risks of expensive claims and reputational damage. Employers should ensure that they take a strong line in improving attitudes in the workplace towards diversity, otherwise they may find themselves shelling out more that just a few pink pounds!