The secured trait of sex change is shared by the majority of trans people. According to Section 7 of the Equality Act of 2010, a person is protected if they “propose to undertake, are undergoing, or have undergone ( or have part of ressigning the person’s sex by changing biological or different attributesthereof.”
In reality, part 7 describes a person who is leaving their birth sex behind. Importantly, neither health care nor examination are necessary for that. The High Court stated in January 2023 that this “process” or journey may involve altering one’s title or attire.
Interestingly, it is not necessary for a person to had made any real changes because the concept includes those who are “proposing to have” change. What matters is that they have decided to start this method consciously and firmly. There is no minimum age requirement to become eligible for part 7, so kids are just as protected as adults.
Trans folks being mistreated in the workplace
Mistreating trans people may amount to clear discrimination based on gender reassignment and unlawful abuse. Businesses can realistically expect to comply with a transgender employee’s request to be addressed by pronouns other than their birth sex. For instance, if an employer does n’t do this and fails to put policies on this issue into effect, it’s likely to be held accountable for discrimination. It wo n’t likely be held responsible for a single instance of unintentional misgendering, though. The environment is crucial to determining whether an activity is legal.
The connection between gender change and the protected feature of sex
There is a discussion about the appropriate connection between the secured traits of sex and gender reassignment among equal rights advocates and in plan circles. One thing is made abundantly clear by the present situation law: a person must first obtain an appropriate gender recognition certificate in order to change their legal sex. In order to obtain this, a man must have been diagnosed with gender dysphoria and have lived in their preferred gender for at least two centuries.
The Court of Session in Edinburgh ruled that sex and gender reassignment were distinct protected characteristics that should not be combined in a new Scottish event brought by the women’s advocacy group For Women Scotland. Thus, part 7 of the Equality Act protects anyone who changes their legal gender by obtaining a gender identification certification. Therefore, it follows that a person can be safeguarded by both of these secured traits.
Conflicts over equal pay, conception, and pregnancy discrimination are relevant to this difference practically. A transgender individual without a gender identification document may hypothetically experience discrimination on the basis of their unaltered legal intercourse.
Essentially, the English courts are not fully bound by this Scottish authority, but this logic is likely to be applied.
Companies should seek legal counsel if they are unsure of the application of this complicated area of law or want to put fresh trans-inclusive policies into place at work.
Employment lawyer Sapandeep Singh Maini-Thomas works at No5 Barristers ‘ Chambers.
