[quote jj1968]@testing987654321
You are incorrect I'm afraid. Discrimination law is based on the perception of others, not the identity of the individual. So a straight woman who was discriminated against because for some reason she was perceived to be a lesbian would be protected under the Equality Act regardless of her actual sexuality.
And how do you verify someone's sexuality is fairly normal ways?[/quote]
Wrong. Again. Please, please jj1968 read the Equality Act itself and not just the codes.
First and foremost, decisions on whether someone who has a protected characteristic has been directly or indirectly discriminated against, harassed or victimised depends on the claimant actually having that protected characteristic. This is the more important provision and a claimant who both has a protected characteristic and is perceived to have one is expected to first argue discrimination or harassment on the basis of actually having that protected characteristic.
There is nothing in the text of the Equality Act itself that includes or directly references perception. However, the government clearly intended to criminalise direct discrimination or harassment on that basis, because it said so on the record. Nonetheless, the text of the law itself only talks of people having a protected characteristic.
Legal recourse on the basis of perception and association was mostly discussed in the context of discrimination on the basis of a perceived disability or a claimant's association with a person with the protected characteristic of disability, but that wasn't tested until the Coffey case. In 2017, an Employment Tribunal had agreed that the claimant had been discriminated against on the basis of a perceived disability. And in 2019, for the first time ever, the Court of Appeal actually upheld this decision.
Direct discrimination or harassment claims based on other perceived protected characteristics have not yet been tested and claiming indirect discrimination on the basis of perception or association is not possible. The government rejected a specific amendment on perceived disability to make claims easier btw, and the language on this in the Act was kept deliberately vague. The nearest we come to perception and association is under Harassment where the law talks of "unwanted conduct relating to a protected characteristic ". (Which is why the recent Coffey decision is so important for disability rights.)
The actual protection in regard to perception and association in this and other cases comes from the Employment Code as written by the EHRC. They interpreted the Act in line with the stated government intentions, something which held sway in court.
(The same cannot be said about the EHRC's interpretation of the interplay between gender reassignment and the existing sex-based protections and other rights, because there the government vehemently denied in both Houses that it intended this to work in the ways now claimed by trans rights campaigners.)