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Max Sholl
Member - 3 posts
does anyone know of any case law where a Gay person has kissed a non gay person/individual?
I know that employees need to respect everyone’s own sexual beliefs and not overstep the mark by kissing other employees on the lips as a measure of being thankful.
I just wondered if anyone has had this issue to deal with?
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James Fairchild
Member - 256 posts
Not sure about case law, but you must deal with this situation in the same way you would with any unwelcome sexual contact. Presuming you have received a formal complaint from the victim, you have a duty to investigate this fully, and to take action if appropriate (which could be disciplinary, or in an extreme case, to involve the police).
However, a postscript. If you believe it to be the case that the victim would have reacted differently (perhaps laughing it off, or joking back) if the attacker was also non-gay, then be aware of the possibility of a complaint by the attacker of sexuality discrimination (i.e. "he wouldn't have reacted like this if I wasn't straight").
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