The Gender Recognition Act 2004
The Gender Recognition Act became law in 2004. The Act means that people who have taken decisive steps to live fully and permanently in their acquired gender are afforded all the same rights and responsibilities appropriate to that gender.
Discrimination on the grounds of gender reassignment has always been illegal under the Sex Discrimination Act (1975) and Sex Discrimination (Gender Reassignment) Regulations (1999) (GRR), but this Act also provides legal recognition for transsexual people.
Trans is an umbrella term which includes, but is not restricted to, transgender and transsexual people whose gender identity differs from their biological sex.
Discrimination on the grounds of gender reassignment has always been illegal under the Sex Discrimination Act (1975) and Sex Discrimination (Gender Reassignment) Regulations (1999) (GRR), but the Gender Recognition Act 2004 also provides legal recognition for transsexual people.
This arises when a person of one sex is treated less favourably than a person of another sex, and the sex of that person is the reason for the unfavourable treatment.
A person discriminates against a woman if he applies to her a provision, criterion or practice which he applies or would apply equally to a man but
- which is such that it would be to the detriment of a considerably larger proportion of women than of men, and
- which he cannot show to be justified irrespective of the sex of the person to whom it is applied, and
- which is to her detriment.
Sexual harassment is defined as occurring where and any forms of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
It is also unlawful to victimise a person because he/she:
- brought proceedings under the Act, or the Equal Pay Act 1970 Amendment Regulations (2004), or
- given evidence or information in connection with proceedings under either Act, or
- done anything (in relation to either Act) to the discriminator or any other person, or
- has made allegations of a contravention of either Act.