Académique Documents
Professionnel Documents
Culture Documents
Policy report
Beyond
tolerance
Making sexual orientation
a public matter
Contents
Foreword 4
Introduction 7
Beyond tolerance 12
Employment 18
Education 24
Access to healthcare 32
Beyond tolerance: Making sexual
orientation a public matter
Foreword
It would be easy to be complacent about the developments in
sexual orientation equality in the last 10 years. Employment rights,
civil partnerships, changes to adoption law and the removal of
Section 28 of the Local Government Act 1988 have all transformed
the everyday lives of lesbian, gay and bisexual (LGB) people. Today,
there are openly lesbian and gay politicians in each of the three
main political parties: this would have been unthinkable even a few
decades ago.
The path towards fair treatment and Our groundbreaking new research shows
protection in the law has not been that in 21st century Britain, despite legal
straightforward. That we have come so far advances, homophobia still has an
is in part testament to the passion and unacceptable everyday impact on the
sheer tenacity of campaigners who have lives of LGB people. Attitudes have
been willing to stand up and say that the undergone a sea change over the last few
millions of LGB people in this country – decades, with much greater understanding
students, employees, tax payers and and tolerance. However, the fact that LGB
parents alike – deserve better than to be people feel that they can’t be open about
treated like second-class citizens. their sexual orientation in their local
neighbourhood, that LGB students still
As is explored in this paper, this year is experience unacceptably high levels of
the 40th anniversary of the Stonewall Riots bullying, and that LGB people would not
and the birth of the modern LGB rights even consider certain jobs for fear of other
movement. This presents an opportunity to people’s reaction, is a worrying sign that
reflect on the positive achievements of the prejudice and discrimination still limit
past, but also to look forward to the people’s choices and chances in life.
challenges and issues that remain to be
addressed.
www.equalityhumanrights.com
The work we are publishing today calls for LGB residents, or schools to the needs of
a new and radical approach. Traditionally, the children being brought up by same-sex
sexual orientation has been seen as a couples, if they don’t even acknowledge
private matter, not the business of wider they’re there? It’s important to make the
society. Of course, the private lives of case so that everyone, straight and gay,
individuals are not for public consumption, feels comfortable about volunteering the
but without clearer evidence – on where information, safe in the knowledge that it
LGB people live, where they work, what will be used confidentially and in the
their experiences and needs of public interests of making public services work
services are – we are missing a vital piece better for everyone. LGB people as tax
of the jigsaw when it comes to making payers, service users and employees should
public policy. Evidence is the key to making not be tolerated begrudgingly: they should
services reflect everyone’s experiences and have the same chances to flourish as
meet their needs. Therefore we consider it anyone else, and greater transparency is
vital to start collecting more robust data. one key to achieving this.
We are aware that the government and The Equality and Human Rights
other public bodies may lack the confidence Commission, as the first public authority
to ask for information about sexual with a statutory remit for delivering on
orientation. Some people fear that they will equality, human rights and good relations,
be forced to reveal personal information will monitor the performance of bodies in
they regard as private; many are concerned addressing the issues we have set out in
that it will fall into the wrong hands. Those this paper. We will be ready to take action
are understandable anxieties. That is why if significant progress is not made. We will
our proposals are entirely voluntary – continue our drive to push this up the
no-one will have to give information they public agenda, and to make sexual
would rather not. But if our society is to be orientation a public matter.
fair to lesbian, gay and bisexual people, it’s
important to know the facts. Data matters Trevor Phillips
– because injustice that goes unseen goes Chair
uncorrected. How can we expect care Equality and Human Rights Commission
homes to be sensitive to the needs of older
www.equalityhumanrights.com
Introduction
2009 is the 40th anniversary of the Stonewall Riots in
Greenwich village, New York. The disturbances that took place,
beginning with resistance against a police raid, are widely viewed
as the start of the modern LGB (lesbian, gay and bisexual) rights
movement in the western world, including Britain.
Over the past four decades the campaign eliminate discrimination and build good
for LGB rights has addressed a wide range relations for LGB people, as one of seven
of aspects of discrimination and prejudice ‘protected’ groups. Much has changed for
including protecting people from dismissal LGB people since 1969 and now is an ideal
from work on grounds of their sexual time to reflect upon what has been achieved
orientation, tackling hate crime, and the challenges that remain.
challenging homophobic bullying and
removing discrimination in accessing This paper reports on the Commission’s
services – from booking a hotel room to initial 18 months of research into the
applying to adopt. experiences of LGB people in Britain today,
what needs to be done to tackle the
The Equality and Human Rights damaging discrimination and disadvantage
Commission (the Commission) was LGB people face and where organisations
established in 2007 as the first public body will need to focus in order to address the
in Britain with a mandate to protect, enforce changes required.
and promote equality, reduce inequality,
Where we are
today
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Beyond tolerance: Making sexual
orientation a public matter
10
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Ibid.
4
11
Beyond tolerance: Making sexual
orientation a public matter
Beyond tolerance
There is continued unease and inconsistency about discussion
of sexual orientation in the public sphere, on both a formal and
informal level. Often LGB people are tolerated as long as sexual
orientation is a private matter.
5
Botcherby and Creegan, 2009.
6
Ibid.
12
www.equalityhumanrights.com
In their recent review of evidence on sexual The Census provides the biggest dataset on
orientation for the Commission, Mitchell the overall population and sub-populations
et al. (2009) concluded that ‘the absence at national and local levels and so is used,
of reliable statistical data on sexual for example, by all public bodies in
orientation presents a major obstacle to developing their services according to user
measuring progress on tackling need. The decision to exclude a question on
discrimination and tackling inequality’. sexual orientation in the 2011 Census
The collection of public statistics or means that LGB citizens are denied this
monitoring data on sexual orientation benefit.
has been virtually non-existent in Britain
to date. ‘It all comes back to the evidence base,
what’s the evidence base, what’s the need
Data collectors generally have been and what can be done about that need?’
reluctant, uncertain or unconfident about
Breaking the Cycle, LGF 2008
asking questions on sexual orientation.
We are, however, slowly beginning to see The majority of people in our survey
progress and increased confidence. sample (75 per cent) feel it is acceptable to
For example, from this year British people ask questions about sexual orientation in
will be asked a sexual identity question if large national surveys and there is no
they take part in the Integrated Household widespread opposition to the inclusion
Survey (IHS). of a non-compulsory question on sexual
orientation in the 2011 Census. Only 22
Yet, despite this, the national Census for
per cent would oppose its introduction.7
England and Wales will still not include a
question on sexual orientation in 2011.
As an indicator of invisibility, this has
created the anomaly that sexual orientation
and transgender status are the only legally
protected equality characteristics which are
not contained in the national Census.
7
Ellison and Gunstone, 2009.
13
Beyond tolerance: Making sexual
orientation a public matter
14
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to whether the recent legislative changes There will need to be a concerted effort to
have actually achieved equality is largely address any concerns that people may have
anecdotal.8 of providing data in a sensitive way.
‘People are just making assertions and There is already good practice we can draw
basing policy on assertions… Even if we on in the area of collecting critical but
have data, we don’t use it and if you don’t sensitive population data from the fields of
use it, then you can’t tell what you should be mental health and religion or belief in order
doing… People should start taking notice to address these concerns. Such data
and doing more.’ should be held and handled in a
confidential manner and guarantees should
Breaking the cycle, LGF 2008
be in place so that people will not be able
to identify individuals by the data given.
8
Botcherby and Creegan, 2009.
15
Beyond tolerance: Making sexual
orientation a public matter
This has implications for bodies that collect Although it will take time for data collectors
such data and the individuals who are asked and the public to become accustomed to
to supply it. All public bodies should aim to asking and answering sexual orientation
establish a clear idea of LGB populations and questions, this is not a reason for waiting
service needs. The objective must be to make until you get the evidence before you act.
the non-collection of information the Consistency of approach, protecting
exception to the rule.9 anonymity and demonstrating how the
evidence will be used to good effect are core
‘The objective should be to move to a principles that will reassure the public that
position where the collection of such data their privacy will be protected.
is assumed and taken for granted, as is
increasingly the case with gender, race This will require culture change in both
and disability.’ public and private institutions so that it
becomes the norm to collect data on sexual
Botcherby and Creegan, 2009
orientation, and education and awareness
Invisibility must be addressed by proactive building will be needed to encourage the
action. LGB people should have services that public to participate.
meet their needs and public bodies should
‘Explaining the purpose of data collection,
make sure that this becomes an integral part
demonstrating the benefits and showing
of their service delivery. The inclusion of
impact. The objective must be to promote
sexual orientation within the new single
people’s rights to be and say who they are
Public Sector Duty proposed in the equality
without fear of prejudice and reprisal.’
bill 2009 will put new requirements on public
bodies to consider and address the needs of Botcherby and Creegan, 2009
LGB people. They will need to start now in
collecting the vital evidence necessary to
effectively monitor their services.
16
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17
Employment
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19
Beyond tolerance: Making sexual
orientation a public matter
However, the degree of occupational precisely because of the central issue our
segregation of LGB workers in Britain is a recommendations seek to address – a lack of
cause for concern. A prior study of lesbian data and monitoring.
and gay workers in a local labour market in
Britain found that sexual orientation affects Teaching and working with children in
decisions about employment routes, prior to general was negatively associated both
a person applying for a job. Respondents with public debates about the recognition of
stated that they had made deliberate choices LGB lifestyles within school curriculums and
not to enter certain professions because they the perceived reactions of parents and others
perceived them to be homophobic.11 to their children having a lesbian, gay
or bisexual teacher.12
‘Gay men in particular (40 per cent) felt
that there are some jobs they had not ‘My flatmate is currently doing very well for
considered, or would not consider because himself at work – he’s got a fantastic wage
of their sexual orientation. A third of and he’s been identified as future
lesbians (32 per cent) felt the same way, management potential. However, he often
as did 13 per cent of bisexual men and one comes back feeling low. He’s not out, and
in 10 bisexual women.’ believes that if he were to declare his
sexuality, his promotion prospects would be
Ellison and Gunstone, 2009
instantly blighted.
New research for the Commission has
He basically spends half his waking day
reported as a significant factor perceptions
pretending to be someone he’s not, and he
and experiences of homophobia, particularly
daren’t raise the issue of the homophobic
in the police service and armed forces,
culture with his manager for fear of reprisal.
teaching and manual trades, as reasons for
I can’t help but wonder how many other LGB
avoiding particular professions for some
people are succeeding in their jobs, but at the
LGB people. Working culture, organisational
price of hiding their sexuality.’
policies and perceptions of homophobia
were cited as reasons for this. It is unknown Breaking the cycle, LGF 2008
whether the finding suggests under-
representation in these key professions
10
Ellison and Gunstone, 2009.
11
Ryan-Flood, 2004.
12
Ellison and Gunstone, 2009.
20
www.equalityhumanrights.com
13
Mitchell et al., 2008.
14
Aspinall and Mitton, 2008.
15
Mitchell et al., 2008.
21
Beyond tolerance: Making sexual
orientation a public matter
Not all LGB employees feel safe to be open respect for diversity as a core value will be
about their sexual orientation in critical to recruit and retain the best
monitoring exercises. In situations where possible staff.
they could be asked to complete a
monitoring questionnaire when applying Specific actions that should be taken by
for a new job 25 per cent of gay men and employers include:
lesbians and 34 per cent of bisexuals n introducing monitoring of sexual
indicated they would not answer the orientation, where this is not already in
question. When it came to completing a place, in recruitment, retention and
staff monitoring questionnaire, in development processes as well as
confidence, in their current workplace 13 monitoring of existing staff
per cent of gay men and lesbians and 26 per
cent of bisexuals would not want to answer n explaining to employees why the
the question.16 employer is collecting the data17
n ensuring that data will be kept
This demonstrates there is still a lack of confidential
confidence on the part of LGB people in
n creating an atmosphere in the workplace
being able to be open about their sexual
that is conducive to people being able to
orientation, particularly when applying for
be open about their sexual orientation,
a new job.
including taking a proactive approach on
Employers should benefit in terms of bullying and harassment
productivity if they take proactive steps in n understanding and addressing the
creating an atmosphere where people can reasons for the reluctance of some LGB
be who they are without fear of prejudice or people to enter certain professions such
unfavourable treatment simply by reducing as the police service, armed forces and
undue stress and perceived or real manual trades.18
discrimination. They will also be in
a position to identify discriminatory Public sector employers will have a legal
behaviour based on sexual orientation duty to address the needs of LGB people
and address it at an early stage. when the new single Public Sector Duty
comes into force. Although private
The impact of having to temper companies will not be covered by the new
contributions to workplace discussions Public Sector Equality Duty, developing a
and having to be selective with what you workplace culture in which LGB employees
disclose for fear of outing yourself is are able to be open and comfortable makes
detrimental both to the individuals good business sense in terms of
concerned and to workplace culture. productivity, company reputation and
Building trust, openness and integrity with recruiting from the widest pool of talent.
16
Ellison and Gunstone, 2009.
17
Stonewall has recently produced a concise guide called ‘What’s it got to do with you?’ to
help address concerns on monitoring sexual orientation.
18
There are examples of good practice within these fields, for example in the many police
forces that have been successful in the Stonewall Workplace Equality Index.
22
Education
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25
Beyond tolerance: Making sexual
orientation a public matter
Only half of lesbians (51 per cent), gay men Half of teachers who say they are aware
(52 per cent) and 44 per cent of bisexual of homophobic bullying in school say the
women and three in 10 bisexual men (30 overwhelming majority of incidents are
per cent) felt they could be open about their never officially reported or dealt with.23
sexual orientation without fear of prejudice
or discrimination in schools, colleges or ‘It is a subject which a lot of leadership
universities.19 The needs and experiences teams dismiss or think isn’t a problem in
of LGB parents and families are often not their schools. I think that we need to act
recognised or addressed. urgently to prevent these problems.’
Elizabeth, teacher, secondary school
‘People call me “gay” everyday, sometimes
(North West). Guasp, 2009
people kick me or push me, they shut me
out of games during school gym and they LGB pupils and staff deserve an
steal my belongings.’ environment conducive to learning and
teaching as equals. All schools should
James, 17, secondary school (South West).
put in place programmes of activity to
Hunt and Jensen, 2007
recognise and challenge homophobia and
bullying. This should be supported by
Research from Stonewall revealed that 65
providing robust mechanisms to safeguard
per cent of LGB young people aged 18 and
and support LGB staff and pupils and
under had experienced homophobic
including LGB issues in the curriculum.
bullying in schools.20 Some of those
experiences were crimes, including death
The situation for LGB students and staff in
threats and serious physical assaults.21
higher education institutions (HEIs) is also
Ninety per cent of secondary school
a cause for concern. LGB students reported
teachers said that pupils in their schools
significant levels of negative treatment on
are bullied, harassed or called names for
the grounds of their sexual orientation
being, or being perceived to be, gay.22
from fellow students (49.5 per cent), from
their tutors and lecturers (10.4 per cent)
and from those who work in other areas
of their HEI (10.6 per cent).
19
Ellison and Gunstone, 2009.
20
Hunt and Jensen, 2007.
21
Dick, 2009.
22
Guasp, 2009.
23
Ibid.
26
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LGB staff reported significant levels of Specific actions that should be taken by the
negative treatment on the grounds of their education sector include:
sexual orientation from colleagues (33.8
n a proactive and zero tolerance approach
per cent), from students they teach (18.9
to homophobic bullying should be taken
per cent) and those who work in other areas
by the Department for Children, Schools
of their HEI (25.3 per cent). 24
and Families, Local Education
Authorities (LEAs) and all schools,
Valentine and Wood’s research in 2009
both public and private
about LGB staff and students’ experiences
of HEIs in England found that only 50 per n addressing LGB issues in the curriculum
cent of staff and students would be including within PSHE (Personal, Social
prepared to disclose their sexual and Health Education) classes
orientation to their HEI. n providing more formal support for LGB
students and training for staff about the
‘This reluctance to “come out” reflects a
type of issues that may affect LGB
lack of trust in the sector because HEIs
students’ academic attendance,
have yet to effectively demonstrate their
performance and participation rates
commitment to LGB equality.’
n providing more effective equality
Valentine and Wood, 2009 training within education institutions
in relation to sexual orientation and
Discrimination and disadvantage of LGB
the recent legal changes that have
staff and students is very real and is largely
taken place
going unnoticed and untreated. Under the
proposed Public Sector Equality Duty, n establishing and maintaining
public authorities in the education sector effective support networks for LGB
will have a legal duty to take action to staff and for students
address the bullying and exclusion of LGB n including LGB issues in materials
students and staff. produced by educational institutions
such as prospectus, website etc.
Bodies such as the Universities and
Colleges Admissions Service (UCAS), the
Higher Education Statistics Agency (HESA)
and the Higher Education Funding Council
for England (HEFCE) need to take a lead
on the monitoring of sexual orientation.
24
Valentine and Wood, 2009.
27
Hate crimes and
hate incidents
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29
Beyond tolerance: Making sexual
orientation a public matter
When asked about incidents of prejudice Only half of gay men (51 per cent), 43 per
and discrimination that were related to their cent of lesbians, three in 10 (29 per cent)
sexual orientation, the majority of gay men bisexual women and a fifth of bisexual
(63 per cent) and lesbians (66 per cent) said men (20 per cent) believed they could be
they had experienced name calling. Around open about their sexual orientation in their
four in 10 gay men (39 per cent) and three in local police station without fear of prejudice
10 lesbians (31 per cent) reported that they and discrimination.29
had been bullied. Similar proportions had
felt frightened (39 per cent gay men and 38 LGB people are often particularly concerned
per cent lesbians), and had suffered from about potential prejudice in their local
low self-esteem (42 per cent gay men/ neighbourhood. Ellison and Gunstone found
lesbians).25 Around one in five gay men (19 that only 29 per cent of gay men, 25 per cent
per cent) reported they had been physically of lesbians, 10 per cent of bisexual men and
assaulted and around 6 per cent of lesbians 18 per cent of bisexual women feel able to be
that they had been sexually assaulted on open about their sexual orientation without
grounds of sexual orientation.26 fear of prejudice or discrimination while
walking down the streets in their
According to Stonewall, one in eight lesbian neighbourhood.30
and gay people and one in 20 bisexuals had
experienced a hate crime or incident in the ‘...can’t walk along the street without
year to February 2008.27 comments. Don’t feel I can hold hands with
my partner like heterosexual couples can.’
‘My friend was beaten and left unconscious
36 year-old lesbian. Ellison and Gunstone, 2009
in the road but the police did not record it as
a homophobic crime because she was drunk Hate crime is a major issue of concern for LGB
and out walking alone at night. They gave the people. Under the proposed Public Sector
impression that she deserved what she got Equality Duty, public authorities will have a
and no suspects were ever sought or caught. legal duty to address homophobic crimes and
She needed hospital treatment and is now a incidents proactively.
nervous wreck.’
Micha, 44. Dick, 2008 Better partnership work is needed to improve
responses to homophobic hate crime and
An estimated 75 per cent of homophobic incidents. Voluntary sector partners often
crimes are not reported, making official play a key role, acting as advocates for victims
statistics on the prevalence of homophobic and a bridge between the community and
hate crimes and incidents unreliable.28 statutory agencies. Partnership working
25
Ellison and Gunstone, 2009. 28
Ibid.
26
Ibid. 29
Ellison and Gunstone, 2009.
27
Dick, 2009. 30
Ibid.
30
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The Education and Inspections Act 2006 introduced a duty on all maintained schools in
31
33
Beyond tolerance: Making sexual
orientation a public matter
However, our findings indicate that for bisexual women. This contrasts sharply with
many LGB people, this is often a hit and just 4 per cent of heterosexual men and 6 per
miss experience based on prejudice, cent of heterosexual women.35
stereotyping and invisibility.
The majority of LGB people felt able to be open
Some LGB people have low expectations of about their sexual orientation with health
health and social care services. Stonewall’s providers, signalling some success in opening
Serves You Right reported that one in 14 up service provision. However, there are wide
lesbian and gay people expect to be treated variations between different groups. Seventy-
worse than heterosexuals when accessing two per cent of gay men felt they could be open
healthcare for a routine procedure or an with staff at their local health practice or
emergency procedure, while 8 per cent hospital without fear of prejudice or
have the same expectations about general discrimination, compared to only 52 per cent
practice.32 of lesbians and 49 per cent of bisexual women.
Bisexual men were the least likely to feel able
LGB people’s perceptions of negative care to be open in this context (43 per cent).36
may be matched by their experiences of
accessing services. For example, half of ‘Having told the doctor that I had been in a
respondents in Hunt and Fish’s survey of monogamous relationship for 11 years and
6,178 lesbian and bisexual women reported that I hadn’t had anal sex for 15 years, a
negative experiences in the health sector growth in my anus was diagnosed as syphilis
within the last year.33 One potential cause due to my lifestyle and the fact that partners
behind these experiences is homophobia aren’t always faithful. The growth turned out
from staff. to be rectal cancer but this hadn’t been
considered as it was presumed that as I was
Around half of lesbians (47 per cent), four in gay it must be related to sexual practices.’
10 gay men (42 per cent) and a quarter (24
per cent) of bisexual women and men Polari, 2008
reported that they had suffered stress in
their lifetime as a result of prejudice and A major step forward is the inclusion of
discrimination linked to their sexual a question on the sexual orientation of
orientation.34 Ellison and Gunstone found respondents in the 2009 NHS general practice
that 9 per cent of gay men and 14 per cent of (GP) patient survey. The survey will capture
bisexual men in the survey reported a current people’s experiences of using GP services and
mental health condition, as did 16 per cent of their views on how they can be improved.
lesbians and a substantial 26 per cent of
32
Hunt and Dick, 2008. 35
Ibid.
33
Hunt and Fish, 2008. 36
Ibid.
34
Ellison and Gunstone, 2009. 37
Hunt and Cowan, 2009.
34
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37
Beyond tolerance: Making sexual
orientation a public matter
38
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39
Beyond tolerance: Making sexual
orientation a public matter
40
www.equalityhumanrights.com
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41
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