Sanctions should be enforced on Perpetrators of LGBTQI+ Discrimination

There have been notable strides made to improve the legal protection for individuals who have suffered discrimination, such as the Equality Act 2010.  Nonetheless, unfortunately, homophobia, transphobia and other LGBTQI+ discrimination is still prevalent in in today’s society.

Homophobia

Discrimination against gay people is being seen in greater numbers with 26,152 sexual orientation incidents being reported in 2021/22, an increase of 41% on the previous year.  Whilst it is encouraging that sexual orientation and gay discrimination are being reported in greater numbers and more attention is being given to these issues, all too frequently the victims of homophobia in all its forms believe that their complaints will not be addressed with the same vigour as other types of discrimination, leaving the risk of homophobia being under-reported.  This in turn can lead to an increase in offences and levels of violence, verbal abuse and unwanted sexual contact, across the board, as the perpetrators realise that there appears to be no appetite to pursue them.

Daniel Theron, a partner, pointed out “regardless of whether an individual has constantly worn down by discriminatory comments, spiteful remarks and limited career progression in the workplace, when such behaviour is reported it should be acted upon and dealt with promptly.  All types of LGBT+ discriminatory related offences should be thoroughly addressed.” Daniel further commented “everyone has the right to be themselves and not have to fear the consequences of being treated differently for being part of the LGBT+ community and they should certainly not feel that they have to hide their situation to avoid the unpleasant consequences of LGBT+ discrimination.”

Transphobia

Trans related issues have been prominent in the press of late and have been the topic of extensive discussion, much of which has been negative and toxic. Much of this was sparked when the Scottish Parliament passed the Gender Recognition Reform Bill which would have made it easier for trans people to obtain a gender recognition certificate, whilst including safeguards against misuse. More recently, the definition of ‘sex’ in the Equality Act of 2010 has been the subject of debate in the House of Commons and whether it should be amended or kept.

This increased media and political interest has led to many trans and non-binary people receiving abuse online and feeling threatened, particularly from many groups who advocate reserved views on gender identity. Therefore, it is imperative that if you have been subjected to abhorrent behaviour, including in the workplace, that you seek assistance as soon as possible.

Giambrone & Partners empathetic employment lawyers completely understand how unsettling it can be for an individual to have to describe the actions directed towards them and the words used by abusers. However, unless firm action is taken to fight against this kind of activity it will continue to be ignored, or worse still, considered acceptable under the “banter” banner.  Society has to fully understand that discrimination of this nature is expressly prohibited by law and it will be strongly dealt with wherever it is found.

Daniel Theron advises on litigation in family law, employment, cross-border debt recovery and defamation.  Daniel has considerable expertise in discrimination in the workplace involving protected characteristics.  He has successfully obtained compensation for a range of employment claims and enjoys a high level of success.  He also has expertise in both debt recovery and employment law. 

Daniel enjoys a reputation of being meticulous in his analysis of the merits of a matter and tenacious in his pursuit of a successful outcome for clients.  He frequently impressively navigates challenging situations culminating in an excellent level of achievement, in excess of all expectations.

Daniel Theron, Partner