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Gender Reassignment Discrimination
Reassigning your gender, whatever your stage of life, is always going to be a challenge. Whatever your decision, you should never be subjected to discrimination because of your gender identity.
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Contents for Gender Reassignment DISCRIMINATION
1. What is Gender Reassignment?
2. Gender Reassignment Discrimination Key Factors
3. Forms of Gender Reassignment Discrimination
4. How can a Lawyer Help you With your Gender Reassignment Case?
What is gender reassignment discrimination?
Gender reassignment 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 person who has undergone or is intending to undergo gender reassignment surgery. However, it 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 negative action towards them is classed as discrimination. Sadly, discrimination against transgender people is far too common.
Transgender people actually experience the highest rates of physical/violent discrimination in the UK. That’s why it’s important to be educated on the different types of discrimination, and what to do if you think you’re experiencing them.
You should know…
1. LGBT Lawyers, our team are dedicated to ensuring that our clients are comfortable and feel as though they are being listened to in a non-judgemental space.
2. If you have experienced any of the negative behaviour discussed below, or if have been affected by someone breaking the terms of The Sex Discrimination (Gender Reassignment) Regulations 1999, then it is important to contact a lawyer to discuss your case.
KEY FACTORS
Discrimination
If you find that you fall into the protected category of gender reassignment, no matter what stage of this transition you are in, yet are experiencing harassment, victimization or bullying because of this, then you may be a victim of gender reassignment discrimination.
It is important to know here that if you are absent from work because of medical treatments relating to gender reassignment, your employer cannot treat you worse or different than someone who was absent from work for any other reason, like sickness or a family event.
How do I know if I am being discriminated against because of my transition?
1. Direct discrimination
– When someone is directly treating you worse than another person just because of your gender transition.
2. Indirect discrimination
– When a business or employer implements a new policy or a new way of working that can put people who are transitioning at a disadvantage.
3. Harassment
– When an individual is actively making you feel offended or humiliated because of your transition.
4. Victimisation
– When you confront someone for harassing you, and they take negative action, such as dismissal or demotion.
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
Harassment, 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 grievance about their treatment, and a result they are being treated even worse. This could be dismissing someone’s application for promotion or not giving a bonus to an employee because they have complained about discrimination against 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 a 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.
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