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Gender reassignment
[ch 6: page 154]A person has the protected characteristic of gender reassignment if he or she 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 (section 7 EA 10). The person is protected from the moment they start to live as a member of the opposite sex. There is no need for this process to be a medical procedure. For example:
A person who was born physically female decides to spend the rest of his life as a man. He starts and continues to live as a man. He decides not to seek medical advice as he successfully passes as a man without the need for any medical intervention. He would be protected as someone who has the protected characteristic of gender reassignment.
EHRC Code of Practice on Employment
The person is protected by the EA 10 even if they start — but later decide not to progress the process of gender reassignment:
A person born physically male lets her friends know that she intends to reassign her sex. She attends counselling sessions to start the process. However, she decides to go no further. She is protected under the law because she has undergone part of the process of reassigning her sex.
EHRC Code of Practice on Employment
Advancing Transgender Equality — a plan for action, Home Office, December 2011 (https://www.gov.uk/government/publications/transgender-action-plan)
Transgender Equality page of the Equality and Human Rights Commission website (www.equalityhumanrights.com/your-rights/equal-rights/transgender)
Resources of the campaigning group Press for Change (www.pfc.org.uk)
EHRC Code of Practice on Employment (www.equalityhumanrights.com/sites/default/files/documents/EqualityAct/employercode.pdf)