Freedom of Expression and Homosexuality


Therefore, where an employer operates a homophobic policy, or dismisses workers on the basis of their sexual orientation, this may amount to a violation of the worker's freedom of expression. However, the Supreme Court has indicated that if the sole reason for the detrimental treatment is the sexual orientation of the worker, then this is more appropriately to be dealt with as a violation of the right to privacy. This of course will not prevent workers from claiming that both of their rights to privacy and expression have been violated.





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