Gender reassignment is a protected characteristic, but it’s not that simple, writes Sapandeep Singh Maini-Thompson
- The Equality Act 2010, s 7 encompasses non-binary and gender-fluid identities.
- Identifying as trans-gender is not sufficient to acquire the protected characteristic of gender reassignment. Something more is required.
- There are two competing approaches to identifying the correct comparator in section 7 cases.
Section 7 of the Equality Act 2010 (EqA) protects against discrimination on the basis of gender reassignment. But who exactly does this protect and in what circumstances? What is the relationship between gender reassignment and sex? And who is the correct comparator for a person bringing a claim of discrimination on grounds of gender reassignment?
The scope of section 7
The protected characteristic (PC) of gender reassignment is defined by the Equality Act 2010 as follows: ‘A person has the protected characteristic of gender reassignment if the person 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.’
As
