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Gender Identity Discrimination

Someone who is transgender identifies themselves as the opposite of their physical gender. Gender reassignment often follows when someone realises they are transgender. Gender reassignment is a personal, social and in some cases a medical process where a person’s appearance is changed to show the opposite of their original gender.

It is unlawful for an employer to discriminate against an employee or job applicant because of gender reassignment. It is important that company policy is in place to protect transgender workers from discrimination.

An individual who proposes to, has begun or has already undergone gender reassignment is protected from discrimination under the Equality Act. Note that an individual does not have to undergo a medical change to be protected from gender reassignment discrimination under the Equality Act.

There are four main types of discrimination based on the grounds of gender identity:

Direct discrimination:

Direct discrimination occurs when someone is treated less favourably than other employees because of their gender reassignment, or because someone associates with someone who intends to undergo, has begun or underwent gender reassignment.

Indirect discrimination:

Indirect discrimination can occur when company policy, practice or procedure that applies to all employees, disadvantages those who have undergone or are going through the process of gender reassignment.

Harrassment:

This is when a member of staff is subjected to unwanted conduct that relates to their gender reassignment, which has the intention or effect of violating a persons dignity or creating an environment which is humiliating, hostile, degrading or intimidating to the person who is transgender.

Victimisation:

This is the unfair treatment of an employee who has pursued a complaint for discrimination involving gender reassignment issues, or someone who has supported a complaint regarding the unfair treatment of someone who is transgender, based on the grounds of their gender reassignment.

In a modern society people have the right to decide who they want to be and how they appear, whether that be as a man or a woman. Therefore it is unacceptable for an employer or colleague to discriminate against someone who is transgender.

If you have suffered discrimination in the form of direct or indirect discrimination, or have been the victim of harassment or victimisation on the grounds of gender reassignment then you should not suffer in silence.

Speak to EAD Solicitors team of expert employment law solicitors, they have experience successfully dealing with discrimination cases and can represent you at an Employment Tribunal.

You may be entitled to compensation, including for losses and importantly injury to feelings. Be aware that there is a strict three month time limit to bring a claim before a Tribunal. If you believe you have been the victim of gender reassignment discrimination then you should seek legal.

Call us today on 0151 735 1000 and speak to one of our Liverpool solicitors.

 

 

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