Equality - Gender Reassignment
EQUALITY ACT 2010 – Gender reassignment
Gender reassignment is a “protected characteristic” under the Equality Act 2010 (the Act) and has protection from all the types of discrimination listed in the Introduction to this section.
For the purposes of the Act a person has the protected characteristic of gender assignment if that person “is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.”
It should be noted that a person is protected once they have “proposed” to change their sex, even if they later change their mind. This is the case whether or not they are under medical supervision.
The Act provides that a transsexual person is one who has the protected characteristic of gender reassignment.
When providing goods or services it is unlawful to discriminate against or harass a transsexual person and as an employer great care must be taken to avoid any type of discrimination, either by management or workers in the course of their employment. In the latter event employers could be held liable for the actions of their staff even where the discrimination occurred without either the knowledge or authority of the employers.
The Act specifically provides that employers discriminate against a transsexual person who is absent from work because of an intention to undergo, or is undergoing or has undergone a process (or part of a process) for the purpose mentioned above and is treated less favourably than would be the case if (a) the absence was because of sickness or injury, or (b) the absence is for some other reason and it is not reasonable for treatment to be less favourable.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
Equality/gender