Gender Reassignment Discrimination  

What is gender reassignment discrimination?

Gender reassignment, or gender dysphoria is a decision undertaken by any individual that feels their birth gender does not match their gender identity now. Legally, gender reassignment refers to any individual who has undergone or is intending to undergo gender reassignment surgery, but also refers to any individual who has chosen to live permanently in a different gender from their birth gender without any surgery. 

As gender, and gender reassignment, are both part of the 9 protected characteristics under the Equality Act of 2010, any form of consideration or negative action towards them is classed as discrimination.  

KEY FACTORS

forms of discrimination

1. DIRECT DISCRIMINATION 

This is when a person is actively discriminated against because of their gender reassignment. An example of this could be when an employee has requested to take time off for medical appointments in relation to their transition, but this has been denied, despite having sufficient staff to cover.

2. INDIRECT DISCRIMINATION

Indirect discrimination against those undergoing a gender reassignment could occur when an employer implements a new policy that puts transgender people at a disadvantage.

3. HARASSMENT 

Harrassment, when related to gender reassignment, is when the victim has been intimidated, bullied or offended. For example, if a colleague refuses to work with someone because of their transition and uses derogatory language against them, this is harassment.

4. VICITMISATION

Victimisation could occur when the individual has raised a grieveance about their treatment, and a result they are being treated even worse. This could be dismissing someones application for promotion or not giving a bonus to an employee because they have complained about discrimination agaijnst them.

How can a lawyer help you with your case?

Gender reassignment is a hugely personal matter, and while you would hope that you should never have to get legal support involved, things don’t always go to plan, and you might need a lawyer to fight your corner one day.

If you are transitioning, or have already transitioned, and you find that you are being discriminated against, it might be in your best interests to use the help of a lawyer. The Equality Act registers gender reassignment as a protected characteristic, so it’s illegal for anyone, whether it be friend, family or employer, to discriminate against you or treat you differently because of your transition.

A lawyer will be able to help you if you have received direct or indirect discrimination, harassment or and/or victimisation. They will support you from the early stages of gathering evidence, all the way to choosing how far you want to take it and potentially giving statements or evidence in court.

No one should have to suffer in silence if they are being discriminated against. Seeking legal assistance will give you a sense of security and will make sure that you are supported all the way through your claim.