No. There are different types of sexual orientation discrimination, and it doesn’t have to be intentional to be unlawful.

The main forms are:
 

• Direct discrimination is where you are treated worse than others in the same or similar circumstances because of your sexual orientation. For example: The best candidate at interview is not offered a job because the employer suspects he is gay whilst a less able candidate, whom the employer believes to be straight, is offered the post.
   
• Indirect discrimination is where an organisation unjustifiably operates a rule or policy that looks the same for everyone but has the effect of disadvantaging people on grounds of their sexual orientation. For example: A female applicant who is a lesbian applies for a high-profile job. She is well qualified and experienced for the post. Part of the recruitment exercise includes an interview with her partner, as partners are considered to play an important social role at work related events. The applicant refuses to disclose details about her partner on the grounds that the information is private. Shortly afterwards she is advised that her application is unsuccessful. If the employer fails to appoint her because she refuses to disclose details about her partner, she may be able to argue that she has been indirectly discriminated against, on the basis that LGB people are less willing to provide information about their partners.
   
• Harassment is where a person behaves in a way, on grounds of sexual orientation, which violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. For example: Workers continually subject a gay colleague to offensive comments about his private life, and he is often ridiculed in front of management and criticised about his work.  Despite complaints, management takes little action to prevent the harassment continuing.
   
• Victimisation is where you have made a complaint of sexual orientation discrimination or helped someone else with a complaint under the sexual orientation law and suffered as a result. for example: A female employee is dismissed because she made an allegation of sexual orientation discrimination to their employer. Provided the complaint is made in good faith and not false, she has been victimised contrary to the legislation.

You are protected against sexual orientation discrimination in employment including:

• Applying for a job
• Terms and conditions of employment
• Opportunities for training / promotion
• Disciplinary / grievance procedures
• The working environment
• Dismissal / redundancy
• Job references
• Attendance at institutions of further and higher education

However, there are very limited circumstances where sexual orientation discrimination is allowed.  This is called genuine occupational requirement (GOR) i.e. possessing a particular sexual orientation is needed for the job.

Employers must show that being of a particular sexual orientation is a genuine and determining occupational requirement and it is ‘proportionate’ to apply that requirement in the circumstances in question. It must be necessary, as opposed to merely preferable, for the duties of the post to be performed by someone of a particular sexual orientation.

• Sexual orientation discrimination law in Northern Ireland - A short guide (pdf)
• Sexual orientation discrimination in NI (employment) - The law and good practice (pdf)
• Know your rights at work (pdf)
• The Equality Commission's policy for the provision of legal advice and assistance (pdf)

• Cara-Friend
• Here NI
• NI Gay Rights Association (NIGRA)
• PSNI Hate crime info
• Queerspace
• Strabane LGBT
• The Rainbow Project
• Unison LGBT