Regulatory Guidance EHRC-SO-GUIDE Authoritative Settled

EHRC Guidance: Sexual Orientation Discrimination

Non-statutory guidance 2019 England, Wales & Scotland
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Contains public-sector information licensed under the Open Government Licence v3.0. Commentary and analysis © 2026 SEE Change Happen Ltd.


What This Authority Covers

EHRC's public-facing guidance explaining the Equality Act's provisions on sexual orientation discrimination. Covers the definition of sexual orientation as a protected characteristic, types of discrimination, and lawful exceptions.

When Relevant

Distinguishing between sexual orientation and gender identity in policy design. Ensuring policies don't conflate LGB and T protections, which are separate protected characteristics under the EA2010.


Key Provisions

  • holding-1 Framework
    What the Equality Act says about sexual orientation discrimination

    Explains the scope of sexual orientation discrimination protection under the Equality Act, covering lesbian, gay, bisexual, and heterosexual orientations.

  • holding-2 Framework
    Different types of sexual orientation discrimination

    Describes different types of sexual orientation discrimination with examples relevant to workplace and service provision contexts.

  • holding-3 Respondent
    Circumstances when differential treatment is lawful

    Explains when differential treatment related to sexual orientation is lawful, including religious organisations' exceptions and genuine occupational requirements.


Current Status & Context

EHRC web guidance on sexual orientation discrimination. Less directly affected by FWS than the sex and gender reassignment guidance, but included for completeness as sexual orientation and gender identity are frequently conflated or confused in workplace contexts.