Partner Sue Dowling, in our Employment Law team, looks at a recent report on transgender equality from the House of Commons Women and Equalities Committee.
The report on transgender equality recognised that legislation in the area of 'transgender' and 'gender recognition' is out of date. The report recommends:
- improving legislation to allow for greater dignity and personal autonomy within the gender transition process (the current 'medicalised' approach in accordance with the Gender Recognition Act 2004 is considered to be outdated and should be replaced with a form of 'self-declaration')
- extending the definition of 'protected characteristics' under the Equality Act 2010 to include
- 'gender identity' or 'gender expression' (and not just limit protection to transsexual people or those proposing to undergo, who are undergoing or who have undergone a process of gender reassignment)
- ensuring that allegations of transphobia are taken as seriously as any other cases of discrimination, harassment and victimisation
- recognising transgender issues within equal opportunities policies and training and having policies and procedures in place which relate to and assist transitioning employees.
The Equalities Office has published a guide for employers on 'Recruitment and Retention of Transgender Staff'.
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This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
