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GLOSSARY

Gender re-assignment discrimination definition

Published by a LexisNexis Employment expert

What does Gender re-assignment discrimination mean?

The concept that a person cannot discriminate against another person on the ground that he intends to undergo, is undergoing or has undergone a gender reassignment.

This is one of the nine protected characteristics of discrimination law. Discrimination on grounds of being a transsexual is covered under sex discrimination law.

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Age, gender reassignment, race and sex

This Practice Note considers the definitions of the protected characteristics of age, gender reassignment, race and sex under the Equality Act 2010 (EqA 2010).Protected characteristicsEqA 2010 provides protection against discrimination which relates to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics. Others provide the same protection in relation to all the characteristics, which are collectively referred to as 'the protected characteristics'.Each protected characteristic is listed and (with the exception of pregnancy and maternity) defined in EqA 2010:•age—see Age, below, for further information•disability—see Practice Note: Disability for further information•gender reassignment—see Gender reassignment, below and Practice Note: Trans, gender reassignment and gender identity issues in the workplace for further information•marriage and civil partnership—see Practice Note: Marriage and civil partnership discrimination for further information•pregnancy and maternity—see Practice Note: Pregnancy and maternity discrimination for further information•race—see Race, below, for further information•religion or belief—see Practice Note: Religion or belief for further information•sex—see Sex, below, for further information•sexual orientation—see Practice Note: Sexual orientation for further informationAgeEqA 2010...

Direct discrimination

This Practice Note examines direct discrimination under the Equality Act 2010 (EqA 2010).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.To the extent that it implemented UK obligations under EU law (such as the obligation to implement a Directive such as Directive 2000/78/EC, the Equal Treatment Framework Directive), before 1 January 2024, EqA 2010 was retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.EHRC Code of Practice and guidanceThe EHRC has published a statutory Code of Practice on...

Discover our 2 Practice Notes on Gender re-assignment discrimination

4 The protected characteristics

4 The protected characteristicsThe following characteristics are protected characteristics—age;disability;gender reassignment;marriage and civil partnership;pregnancy and maternity;race;religion or belief;sex;sexual orientation.

7 Gender reassignment

(1) A person has the protected characteristic of gender reassignment if the 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.(2) A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.(3) In relation to the protected characteristic of gender reassignment—(a) a reference to a person who has a particular protected characteristic is a reference to a transsexual person;(b) a reference to

Gender re-assignment discrimination is referenced 2 in UK Parliament Acts