But if the nanny is just reading Gumtree for example and sees an ad for a job with a gay family, and she chooses NOT to apply for that particular job, is that illegal? No. She or he has chosen not to reply to that ad.
Just as if a family see an ad for a nanny on NJ, and see that she is gay. So they don't bother to contact her.
Neither party has really lost out in this. I mean I feel if they had made contact with each other, interviewed and then discovered that either party was gay, then refused employment or denied the job on that sole basis then yes I do think that is illegal. And morally/politically wrong.
But when looking for jobs or nannies, parents and nannies will automatically discount those which don't suit them, with no contact being made, and in those cases I don't believe anything has been done to constitute discrimination that can be proved in court.
I'm probably not explaining myself very well, but does anyone get what I mean?