Help & Advice - Transgender and transsexual

This is an edited abstract of guidance produced by the then Equal Opportunities Commission for for GB public authorities in 2007 in order to meet the gender duty for transsexual staff.

Introduction

The gender equality duty means that from April 2007 public authorities will be required to have due regard to the need to eliminate discrimination and harassment on grounds of gender reassignment in the fields of employment, vocational training (including further and higher education).

This guidance has been produced to help public sector managers to fulfil the requirements of this new duty. It is designed to be a toolkit to guide you in your implementation of the duty; it is not legally binding. The Gender Equality Code of Practice is the key document on how to meet the legal requirements of the Duty. A court or tribunal may draw an adverse inference that a breach of the law has occurred if a public authority has failed to follow relevant provisions under the Code. Since the duty applies initially only in the areas of employment and vocational training (including further and higher education) these are the areas covered by this guidance document.

The scope of the legal protection against discrimination and harassment on the grounds of gender reassignment will, however, be extended within the Sex Discrimination Act (by the Goods and Services Directive). From the date of implementation of the Directive public authorities will be under a duty to have due regard to the need to eliminate unlawful discrimination and harassment on grounds of gender reassignment in the provision of goods, facilities and services and in the disposal and management of premises .

This document will, therefore, be extended in due course to cover the provision of goods, facilities and services and disposal and management of premises in addition to employment and vocational training.

Summary of the law
See Summary of the law as it protects Transsexuals