You're applying for a job, and you have reason to believe that when your employer reads your job application form, or if questions are asked at an interview, or when your references are checked, your sexual orientation or gender identity may become known to your prospective employer.

It is unlawful for a prospective employer to discriminate between applicants for a job based on their sexual orientation (the Employment Equality (Sexual Orientation) Regulations 2003) or their gender identity (The Sex Discrimination (Gender Reassignment) Regulations 1999).

Some questions are illegal whether at an interview or on a job application form: an employer isn't allowed to ask if you are married or in a civil partnership, if you are living with someone, or if you or your partner have children or if you plan to have children. An employer interviewing for a job isn't allowed to ask you about your medical history, or your gender identity, or your sexual orientation. Any question like that may show evidence of intent to discriminate.

Whether on a job application form or at an interview, a question like this should not appear unless the employer can show a genuine occupational qualification: a reason why your being of a specific sexual orientation, or having a specific gender identity, is essential for the job.

If you transitioned recently and are using a past employer as a reference,  someone for whom you worked before you transitioned, you can contact your past employer to ask them if they will give you a reference under your present name. This is not unlawful unless your gender identity is directly  relevant to the job you are applying for, which should be made clear when the job is advertised.

If you are denied the job, and you feel that there is evidence that you may have been denied it because of your sexual orientation or your gender identity becoming known to your prospective employer at any stage of the application process, the recommended first step is to discuss this with the Equality and Human Rights Commission or with a solicitor.

There is a firm time limit on formal complaints of discrimination under this law. You must make a complaint to the Employment Tribunal within three months of when you first become aware of the discrimination.