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LGBT

PostPosted: Tue Feb 21, 2017 1:10 pm
by Hairyloon
I was looking at a job earlier. Not a job I think that I want, but close enough that it was worth a look. It was for a group support worker dealing with, among others LGBT groups.
The person specification says that the applicant "must identify as LGBT". That seems to me to be an unlawful discrimination, unless I am missing something.
I know there are some exemptions with regard to gender, but I am not seeing how such an exemption could be applicable here.

Re: LGBT

PostPosted: Tue Feb 21, 2017 1:58 pm
by atticus
Maybe you could be moved to ask them how they are seeing that it applies. That enquiry may elicit an answer, or it may lead them to drop the requirement.

Re: LGBT

PostPosted: Tue Feb 21, 2017 4:22 pm
by Hairyloon
It is a "peer support role". To be a peer, you need to have had "similar life experiences"...

Re: LGBT

PostPosted: Tue Feb 21, 2017 4:38 pm
by atticus
The OP can consider schedule 9 of the Equality Act 2010.

Re: LGBT

PostPosted: Tue Feb 21, 2017 5:16 pm
by Hairyloon
SCHEDULE 9. Work: exceptions
Part 1 Occupational requirements
General

1(1)A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—
(a)it is an occupational requirement,
(b)the application of the requirement is a proportionate means of achieving a legitimate aim, and
(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).


Might fit. I would be surprised if there isn't relevant case law that makes it clear.

Re: LGBT

PostPosted: Tue Feb 21, 2017 7:05 pm
by atticus
The foregoing test has in the past justified compulsory retirement ages for firefighters and airline pilots.

Re: LGBT

PostPosted: Tue Feb 21, 2017 7:40 pm
by Hairyloon
atticus wrote:The foregoing test has in the past justified compulsory retirement ages for firefighters and airline pilots.

I am persuaded on those points.

Re: LGBT

PostPosted: Tue Feb 21, 2017 8:12 pm
by atticus
so were various courts and tribunals.

Re: LGBT

PostPosted: Tue Feb 21, 2017 8:38 pm
by Hairyloon
Do you think they would be persuaded by the point in question here? I am not seeing a great deal of similarity.

Re: LGBT

PostPosted: Tue Feb 21, 2017 8:43 pm
by atticus
I can see how a strong case could be made out. As you said, sched 9 "might fit".