Protected characteristics: sexual orientation

This characteristic refers to whether a person’s sexual attraction is towards their own sex, the opposite sex or to both sexes. With regard to sexual orientation, the Equality Act 2010 includes how an individual chooses to express their sexual orientation, such as through their appearance or the places that they visit. It is illegal to discriminate against a person because they are heterosexual, gay, lesbian or bisexual, or someone thinks a person has a particular sexual orientation, or a person is connected to someone who has a particular sexual orientation (Royal College of Nursing, 2023).

These are some situations when being treated differently because of sexual orientation is lawful:

• Belonging to a particular sexual orientation is essential for a job (an occupational requirement). For example, an employer wants to recruit an advice worker who is lesbian or gay for an LGBT helpline
• An organisation is taking positive action to encourage