ABSTRACT
This is a fairly tricky essay since a number of areas of law are relevant. Also, one finds in these fields that certain provisions outlaw discrimination while others enshrine it, subject to the possibility of an anti-discriminatory interpretation under the HRA 1998. The potential to use the HRA clearly renders this field complex. Discrimination on grounds of sexual orientation in employment was covered from December 2003 by the Employment Equality (Sexual Orientation) Regulations 2003, implementing European Council Directive 2000/78/EC. Discrimination in employment, but importantly also in the other spheres mentioned on this ground, can also be addressed in certain circumstances by using the HRA and relying on Arts 8 and 14. The HRA is significant in this field in three respects. First, a freestanding action could be brought under it, relying on s 7(1)(a), against a public authority allegedly discriminating on this ground. Secondly, any body, including private bodies allegedly discriminating on this ground in reliance on legislative provisions in, say, housing, could find that the use of s 3 of the HRA means that the discrimination is outlawed. Thirdly, the reach of the Regulations could be broadened by reliance on the HRA.
