Gender Reassignment - A Guide for Employers

8-06-2005

The Women and Equality Unit have published a practical guide to help employers understand how the relevant law applies, and how to deal with issues which may arise when a job applicant or member of staff is a transsexual person.

The guide has a particular focus on the Sex Discrimination Act 1975 (SDA) protection for job applicants and employees who intend to undergo, are undergoing or have undergone gender reassignment. Since 1999 it has been unlawful under the SDA for employers to discriminate against people on these grounds. As a result of the Gender Recognition Act 2004 (GRA) transgendered people have new legal rights and the new guide expands and updates existing guidance to take account of these.

Part One of the Guide explains how to apply the relevant legislation, namely the 1999 Gender Reassignment Regulations, found in the SDA and the GRA in the context of employment and vocational training.

Part Two includes some practical suggestions for good practice in the workplace including managing the transition process, dealing with the most common human resource issues that arise and practical matters relating to pension schemes.

The guide has no legal status. It deals only with the employment provisions of the legislation and does not, therefore, cover provisions dealing with goods and services.

The Guide highlights that there are about 5,000 people in the UK whose gender identity does not match their appearance and/or anatomy. This is sometimes called gender dysphoria or gender identity disorder, though these terms are disliked by many individuals who have this medical condition and who prefer to be known as ‘transsexual people'.

The Guide points out that the term gender reassignment also includes persons living in their new gender, but who have elected for personal reasons not to undergo surgical treatment. This can be for personal reasons connected with their health, age, or finances.

A copy of the guide can be obtained at: http://www.womenandequalityunit.gov.uk/publications/gender_reassignment_guide05.pdf