This pages leads to the various parts of the website and outside soruces relating to the proposed Equality Act 2010. We also dioscuss our campaign to have it improved, and to conssider the benefits that trans people will get if it goes into law as it is.
The Act is intended to consoldiate all of the various anti-discrimination laws, and make instead one easily udnerstood piece of lehislation.
Equality Legislation relating to Trans issues, 2008
The Sex Discrimination (Gender Reassignment) Regulations 1999
The Act seeks to prevent sex discrimination relating to gender reassignment. It clarified the law for trans people in relation to equal pay and treatment in employment and training.
Gender Recognition Act 2004
The purpose of the Act is to provide trans people with legal recognition in their acquired gender. Legal recognition follows from the issue of a full gender recognition certificate (GRC) by a gender recognition panel. These regulations make it an offence for public bodies and officials to disclose information acquired in their official capacity about the gender history of a person holding a GRC. The holder of a GRC is not obliged to inform their employer that they hold a GRC, but if they do so the employer is obliged to hold this as protected information.
Equality Act 2006
The Act includes a requirement to pay due regard to the elimination of unlawful sex discrimination and harassment in relation to transsexual people. It also includes a positive duty on Public Sector Authorities to promote equality of opportunity between women and men, which has been regarded as including trans men and women.
The Sex Discrimination (Amendment of Legislation) Regulations 2008
The regulations add protection from discrimination for trans people in the areas of The Provision of Goods, Services, Facilities and Premises.
The Sex Discrimination Act 1975 (Amendment) Regulations 2008
The regulations eliminate the causal link between harassment and the sex of the person being harassed, enable employees who are not victims to the unwanted conduct themselves to bring a claim, and impose liability where an employer knowingly fails to protect an employee from repeated harassment by a third party.
Press for Change is a political lobbying and educational organisation. We campaign to achieve equality and human rights for all trans people in the United Kingdom, through legislation and social change.
We have been providing legal advice, training and consultancy for employers and organisations as well as undertaking commissioned research and publications since our formation in 1992.
For those seeking legal advice please visit the Trans Equality website for our new service funded by the Equality and Human Rights Commission.
Plus for training and other services please visit the PFC Services website
Welcome to PFC?s new webpage on the Equality Bill 2009.
These pages are designed to keep you in touch with what is happening with this landmark legislation which has promised everything to everybody.
Equality Bill 2009 Amendments
Amendments to replace “gender reassignment” with “gender identity”, to remove the exception allowing harassment in education and to narrow the employment, single sex services and insurance exceptions.
These amendments replace the protected characteristic of “gender reassignment” with “gender identity”, and replace the term for a person who has that protected characteristic with “transgender person” unless where appropriate to the legislation the term “transsexual person” is used (at present it is just “transsexual person”). It is drafted to include those who are perceived to have the protected characteristic in its broadest sense i.e. the physical appearance of a person that is judged by others rather than the characteristic itself.
This characteristic of Gender Identity is defined in Clause 7 to ensure it is fully inclusive of all transgender people including children and adolescents but where appropriate, e.g. in the provision of single sex services, is further defined down to ensure those people who are permanently living in their acquired gender, including those with a gender recognition certificate, are not excluded unlawfully (under current European jurisprudence) from access to single sex services or occupations.
The amendments retain the definition of transsexual person as well, because this is needed for the purposes of clause 15 covering absence from work for gender reassignment, and may be needed in a few other places too.
Contact:
Stephen Whittle
24 Mauldeth Rd
Stockport
SK4 3NE
Tel: 0161 442 4772, mob: 07809 621395
Email: stwhittle@btinternet.com , s.t.whittle@mmu.ac.uk (please use both addresses when emailing)
Clause 4, Page 4, line 9, leave out ?gender reassignment? and insert ?gender identity?
Clause 4 would now read:
4 The protected characteristics
The following characteristics are protected characteristics?
…
gender identity;…
Pages 5, line 23, leave out clause 7 and insert?
7 Gender identity
(1) A person has the protected characteristic of gender identity if the person is or is perceived to be any of the following ?
(a) a person intending to undergo, undergoing, or having undergone gender reassignment, where gender reassignment means a process which is undertaken under medical supervision for the purpose of reassigning the person?s sex by changing physiological or other characteristics of sex, and includes any part of such a process;
(b) a person living permanently in the gender role different from that expected of a person of their recorded natal sex;
(c) a person who has by virtue of the Gender Recognition Act 2004 (c.7), received recognition of their acquired gender for all legal purposes;
(d) any other person who has a gender identity that is different from that expected of a person of their recorded natal sex, including children and adolescents who express gender variant behaviour but who may not have clear self-awareness of their gender identity, and ?
(i) who, permanently or not, expresses some or all aspects of their gender identity [as referred to in (d)] in a way which is not unlawful nor causes serious offense;
(2) Therefore
(a) A reference to a transgender person is a reference to a person who has the protected characteristic of gender identity; and
(b) a reference to a transsexual person is a reference to a person who has the protected characteristic of gender identity and who is intending to undergo, is undergoing or has undergone gender reassignment.
(3) In relation to the protected characteristic of gender identity ?
(a) a reference to a person who has a particular protected characteristic is a reference to a transsexual, transgender or gender variant person;
(b) a reference to persons who share a protected characteristic is a reference to persons who share transsexual, transgender or gender variant behaviours.?
Clause 7 would now read:
7 Gender identity
(1) A person has the protected characteristic of gender identity if the person is or is perceived to be any of the following ?
(a) a person intending to undergo, undergoing, or having undergone gender reassignment where gender reassignment means a process which is undertaken under medical supervision for the purpose of reassigning the person?s sex by changing physiological or other characteristics of sex, and includes any part of such a process;
(b) a person living permanently in the gender role different from that expected of a person of their recorded natal sex;
(c) a person who has by virtue of the Gender Recognition Act 2004 (c.7), received recognition of their acquired gender for all legal purposes;
(d) any other person who has a gender identity that is different from that expected of a person of their recorded natal sex, including children and adolescents who express gender variant behaviour but who may not have clear self-awareness of their gender identity, and ?
(i) who, permanently or not, expresses some or all aspects of their gender identity [as referred to in (d)] in a way which is not unlawful nor causes serious offense;
(2) Therefore
(a) A reference to a transgender person is a reference to a person who has the protected characteristic of gender identity; and
(b) a reference to a transsexual person is a reference to a person who has the protected characteristic of gender identity and who is intending to undergo, is undergoing or has undergone gender reassignment.
(3) In relation to the protected characteristic of gender identity ?
(a) a reference to a person who has a particular protected characteristic is a reference to a transsexual, transgender or gender variant person;
(b) a reference to persons who share a protected characteristic is a reference to persons who share transsexual, transgender or gender variant behaviours
Equality Bill, Vol 1, Part 2 ? Equality: key concepts, Chapter 2 ? Prohibited conduct, cl. 15 Gender reassignment discrimination: cases of absence from work
Clause 15, Page 11, Line 1, leave out ?Gender reassignment?, and insert ?Gender identity?
Clause 15, Page 11, Line 3, leave out ?gender reassignment?, and insert ?gender identity?
Clause 15, Page 11, Line 12, leave out ?7(1)?, insert ?7(1)(a).
Clause 15 would now read:
15 Gender Identity discrimination: cases of absence from work
(1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender identity.
(2) A person (A) discriminates against a transsexual person (B) if, in relation to an absence of B?s that is because of gender reassignment, A treats B less favourably than A would treat B if?
(a) B?s absence was because of sickness or injury, or
(b) B?s absence was for some other reason and it is not reasonable for B to be treated less favourably.
(3) A person?s absence is because of gender reassignment if it is because the person is proposing to undergo, is undergoing or has undergone the process (or part of the process) mentioned in section 7(1)(a).
Equality Bill, Part 2 ? Equality: key concepts, Chapter 2 ? Prohibited conduct ? Other Prohibited Conduct, s. 24 Harassment, ss, 4(A) AND (5)
Clause 24, Page 17, Line 37, leave out ?gender reassignment?, insert ?gender identity?
Clause 24, Page 17, Line 42, leave out ?gender reassignment?, insert ?gender identity?
Clauses 24(4)(a) and (5) would now read:
(4) For the purposes of subsection (1)(c), the conduct is?
(a) conduct mentioned in subsection (1)(a), if the relevant protected characteristic is gender identity or sex;
Clause 80, Page 61, Line 11, Leave out subsection (10)
Equality Bill, Vol 1, Part 14 ? General exceptions, S.188, ss. 2
Clause 188, Page 134, Line 26, leave out ?gender reassignment?, insert ?gender identity?
Clause 188, ss 2 would now read:
(2) A person does not contravene section 27, 31, 32 or 33, so far as relating to gender identity, only by doing anything in relation to the participation of a transsexual person as a competitor in a gender-affected activity if it is necessary to do so to secure in relation to the activity?
(a) fair competition, or
(b) the safety of competitors.
Equality Bill, Vol II, Schedule 3 ? Services and public functions: exceptions, Part 1 ? Constitutional matters, para.4(2).
Schedule 3, Page 151, Line 18, leave out ?gender reassignment?, insert ?gender identity?
Equality Bill, Vol II, Schedule 3 ? Services and public functions: exceptions, Part 5 ? Insurance
Schedule 3, Page 157, line 5, Leave out ?gender reassignment? and insert ?gender identity?
Schedule 3, Page 157, line 7, Leave out sub-paragraph (5).
Schedule 3, Page 157, line 20, leave out ?gender reassignment? and insert ?gender identity?
Equality Bill, Vol II, Schedule 3 ? Services and public functions: exceptions, Part 6 ? Separate and single services, para.25
Schedule 3, Page 159, line 4, leave out ?gender reassignment?, insert ?gender identity?
Schedule 3, Page 159, Line 11, at end insert:
(3) Sub-paragraph (1) does not apply in relation to discrimination against a person (B) if the discrimination is because
(a) B is a person living permanently in the gender (either male or female) different from that expected of a person of their recorded natal sex; whether or not they are intending to undergo, are undergoing or have undergone gender reassignment;
(b) B is a person who has by virtue of the Gender Recognition Act 2004 (c.7), received recognition of their acquired gender for all legal purposes;
(c) B is a person who has that protected characteristic, but is accessing separate or single sex services as a member of their natal birth sex and is not accessing the service in the gender role different from that expected of a person of their recorded natal sex.
(4) For the purposes of the application of sub-paragraph (3) to discrimination by virtue of section 13, that section has effect as if in subsection (1), after ?others?, there were inserted ?of the sex corresponding to the gender in which B is living?.?
Clause 25 would now read:
S. 25 (1) A person does not contravene section 27, so far as relating to gender identity discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim
(2) The matters are?
(a) the provision of separate services for persons of each sex;
(b) the provision of separate services differently for persons of each sex;
(c) the provision of a service only to persons of one sex.
(3) Sub-paragraph (1) does not apply in relation to discrimination against a person (B) if the discrimination is because
(a) B is a person living permanently in the gender (either male or female) different from that expected of a person of their recorded natal sex; whether or not they are intending to undergo, are undergoing or have undergone gender reassignment;
(b) B is a person who has by virtue of the Gender Recognition Act 2004 (c.7), received recognition of their acquired gender for all legal purposes;
(c) B is a person who has that protected characteristic, but is accessing separate or single sex services as a member of their natal birth sex and is not accessing the service in the gender role different from that expected of a person of their recorded natal sex.
(4) For the purposes of the application of sub-paragraph (3) to discrimination by virtue of section 13, that section has effect as if in subsection (1), after ?others?, there were inserted ?of the sex corresponding to the gender in which B is living?.
Vol. II, SCHEDULE 9, WORK: EXCEPTIONS, Pt. 1 General : OCCUPATIONAL REQUIREMENTS, para. 1
Schedule 9, Page 180, Line 31, leave out subparagraph (a)
Schedule 9, Page 180, line 36, at end insert
( ) Sub-paragraph (1) does not apply in relation to discrimination against a person (B) if the discrimination is because
(a) B is a person living permanently in the gender (either male or female) different from that expected of a person of their recorded natal sex; whether or not they are intending to undergo, are undergoing or have undergone gender reassignment
(b) B is a person who has by virtue of the Gender Recognition Act 2004 (c.7), received recognition of their acquired gender for all legal purposes;
(c) B is a person who has that protected characteristic, but attends work as a member of their natal birth sex and is not attending work in the gender role different from that expected of a person of their recorded natal sex.
(3) The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read?
(a) in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).
( ) Sub-paragraph (1) does not apply in relation to discrimination against a person (B) if the discrimination is because
(a) B is a person living permanently in the gender (either male or female) different from that expected of a person of their recorded natal sex; whether or not they are intending to undergo, are undergoing or have undergone gender reassignment
(b) B is a person who has by virtue of the Gender Recognition Act 2004 (c.7), received recognition of their acquired gender for all legal purposes;
(c) B is a person who has that protected characteristic, but attends work as a member of their natal birth sex and is not attending work in the gender role different from that expected of a person of their recorded natal sex.
(4) In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from ?(or? to the end were omitted.
The process to discussion has not been easy. For a start most meetings were just 2 hours long, and often filled with details being given back to over 20 representatives of different lobby groups. We represented issues from the Muslim Faith to Children?s Rights, effectively all 7 strands; religion and faith, disability, age, race and ethnicity, sexual orientation, gender, and also at the very end , transgender issues. Other than keeping an eye on what was happening, it was not the easiest forum to work in ? with on average only 2 minutes to speak at each meeting. We used to jump in and reel off our issues and concerns as quickly as possible at the beginning of the meeting.
The question now with the Bill as drafted is: will it do enough for trans, intersex and gender variant people?
PFC is co-operating with many other trans, Intersex and gender variant people and organisations throughout the country. After reviewing the Bill as it was initially published we have been very disappointed. We believe it is only through co-ordinated action that we will now see change for the better.
We hope you will use this page as a way of ensuring you keep in touch and please do let us know of anything you hear is happening, so we can ensure this page is as up to date as possible. You can write to us at letters@pfc.org.uk
PFC Proposals for Amendments to the Equality Bill
The Equality Bill 2009 does not yet have an A* yet for trans rights.
Basic drafting mistakes have led to a mish mash of a document , which in parts, takes away the rights of trans & gender variant folk that were won in various tribunals and courts, including the European Court of Justice and the European Court of Human Rights.
As such PFC has made proposals for amendments and these are given below and also in a pdf file for you to print out and take to your member of parliament, trade union etc.
PFC will be speaking to the Parliamentary scrutiny committee on the Equality Bill next Tuesday 2nd June. We would welcome your feedback on the following questions, by late on Friday 29th May 2009.
1a. Gender Reassignment as used in Vol 1, s.7 of the Equality bill currently means to include not just people pursuing transsexual treatment, but also any person who is living permanently in their new gender role. It also includes anyone perceived to be either transsexual or living permanently in their new gender role, as well as providing protection to anyone victimized in the workplace because they support the rights of a person who is transsexual or living permanently in their new gender role. PFC recognizes this might be within the limits of protection afforded by European Union law, but knows the UK government has the powers to go further than the minimum provided by EU law.
Should the definition used of people protected be wider? yes no (please delete to leave your answer)
1b. If you answered Yes, please describe as best you can the types of trans people should be provided protection against discrimination , in workplaces, in accessing services, in performing public functions?
Types of trans people to be included:_________________________________________________________________________________________________
2a. The bill affords some protection to young people intending to undergo gender reassignment. PFC does not believe it is appropriate to use the term ’gender reassignment’ when referring to children and adolescents.
Should the term gender reassignment be used when protecting young people in school who we might refer to as ’gender variant’, or, as ’in the future likely to seek gender reassignment’.
yes no (please delete to leave your answer)
2b. If not, please explain in less than 100 words, why not?___________________________________________________________________________
2c. What better term might be used to provide protection to young people in school? _________________________________________
3. Should Schools be permitted to harass pupils and prospective pupils because they possess the Characteristic of ’Gender Reassignment’.
yes no (please delete to leave your answer)
4a. Press for Change is extremely concerned by elements of the exemption to the protection to trans people in the use of ’Single sex Service’ contained in S. 24 and S. 25 (1) of Vol II, Sch. 3 Part 6. Gender reassignment: Single Sex Services. For example in the case of disability discrimination businesses have been able to claim as a defence, that they can not afford to provide reasonable adjustments - so long as that is true. The example given in the bill is given of a clothes shop which does not want to allow a trans person to use a changing room. PFC believes this is contrary to European Union and European Convention law.
Should service providers be able to discriminate against those who are transsexual, or who are living permanently in their new gender role, as a proportionate means of achieving a legitimate aim.?
yes no (please delete to leave your answer)
4b. Even if services were able to discriminate in cases of those people who re transsexual, or who are living permanently in their new gender role, should that include any person who has obtained a Gender Recognition Certificate?
yes no (please delete to leave your answer)
5a. The Bill, in Vol. II ,SCHEDULE 9 WORK: EXCEPTIONS, pt. 1 General : OCCUPATIONAL REQUIREMENTS, ss. 1 - 3 allows for a potential employer, partnership, personal Offices or appointments to require that a prospective employee/partner/personal office holder, or appointment is not a transsexual person (which includes anyone who is living permanently in their new gender role) so long as this is a ’proportionate means of achieving a legitimate aim.’
Should there be any other employment/financial/ partnership/ appointment circumstance when it can be demand that a person not be a transsexual person?
yes no (please delete to leave your answer)
5b. If you answered no, can you describe (in less than 200 words) any situations where you think it might be appropriate to demand that a person not be a transsexual person in relation to the above areas.
6a. Similarly , Vol. II ,SCHEDULE 9 WORK: EXCEPTIONS, pt. 1 General : OCCUPATIONAL REQUIREMENTS, ss. 1 - 3 allows vocational course providers to refuse access ot the course to people who are transsexual, but also any person who is living permanently in their new gender role, to access certain courses if an outside employer has advised them that a trans person could not get or do the job for which the training is given. Vol II, Sch 9 Work Exceptions, Part 1, Occupational requirements, s.5,ss.(4) states that ?a person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading?. Whilst PFC acknowledges that an employer who is employing within their own home to provide ’personal care services’ should have a complete right to determine who they choose to perform intimate duties, PFC believes the above is clearly contrary to European Union and European Convention law in all other areas mentioned.
Should a vocational course provider ever be allowed to refuse a place to a transsexual person , except on ground of merit where others are better qualified or experienced to do the course?
yes no (please delete to leave your answer)
6b. Additionally, Vol II, Sch 9 Work Exceptions, Part 1, Occupational requirements, s.5,ss.(4) states that ?a person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading?., i.e. this would mean all trans people, including those with a GRC would be legally obliged to state they were trans if applying for vocational training. PFC believes this is clearly contrary to European Union and European Convention law.
Should any trans person ever face criminal action for failing to disclose the fact that they are trans, for a vocational training place, except where they have to apply separately to the Criminal records bureau for clearance in order to work with vulnerable people?
yes no (please delete to leave your answer)
6c. Should any trans person with a gender recognition certificate ever face criminal action for failing to disclose the fact that they are trans, for a vocational training place, except where they have to apply separately to the Criminal records bureau for clearance in order to work with vulnerable people?
yes no (please delete to leave your answer)
Further DETAILS to be completed if preferred, and if you wish to hear more from PFC about the Equality Bill and any changes achieved.
7. Are you a Trans person? yes no (please delete to leave your answer)
8. if you would like us to keep you up to date with these concerns only, please provide your email:_________________@___________________
(your contact details will be kept confidential, and will be destroyed on your request)
Organisations
9. Are you representing a Trans organisation? yes no (please delete to leave your answer)
10. If you are representing a Trans organisation, please say which one _____________________
11. What is your email (so we can keep you up to date with these concerns only) _________________@___________________
12. If you are representing another sort of organisation, please say which one _____________________
11. What is your email (so we can keep you up to date with these concerns only) _________________@___________________
To respond please cut and paste this questionnaire into a new message:
Following recent correspondence with the Criminal Records Bureau, the procedure for trans people to follow in order to obtain a CRB check without revealing their gender history to their employers has been simplified.
The relevant section of the corredspondence with the new point of contact at the CRB, Katie Howell, is reproduced below.
I am now the point of contact for these sensitive applications and have
been for about a year now. I have revised the Confidential Checking
Process so it is more applicant friendly and easy to use.
If a Trans person is required to complete a CRB Disclosure, they can
choose to use the Confidential Checking Process or not. If an applicant
chooses not to use the process and is happy for their previous details
to be disclosed on a completed Disclosure, the applicant completes the
Disclosure Application Form (DAF) as they normally would.
If an applicant decides they do not wish for their previous details to
be disclosed to their employer and/or on the completed Disclosure, they
should call me direct. Then I will advise the applicant what to do.
An applicant may not feel comfortable talking to me with regards to
this, if this is the case the applicant will need to call me to advise
of the named person that I am to deal with on their behalf. The
applicant can also speak to via email if they prefer. The applicant is
to email CRB with: info@crb.gsi.gov.uk requesting that their details
are forwarded to me as they wish to use the confidential checking
process.
How the process works:
The applicant calls me and I advise the applicant that “we do have a
confidential checking process in place for applicants who do not wish
for their previous name/gender to be disclosed on the completed
Disclosure”. I advise the applicant not to enter the previous name(s) on
Section C part of the DAF and then complete the rest of the DAF as they
normally would. Just before or at the same time the DAF is submitted,
the applicant must send direct to me a document that can confirm the
previous name(s) they used e.g. Change of Name Deed, Original Birth
Certificate. A Gender Recognition Certificate is not required for this
part of the process. The applicant should include a short covering
letter that confirms their current name, full address with postcode and
a contact telephone number. In some cases the applicant does not have
any documents to confirm their previous name, if so, the applicant just
needs to give me a call to discuss. A pro forma is no longer required or
necessary for this process.
Once this letter is received, I will monitor the application everyday
until the Disclosure is completed. If any queries are raised it will be
me that deals with it or if I need further information, it will be me
that contacts the applicant.
I also advise the applicant when they first call that “if you have a
conviction in your previous name/gender, this may show on the completed
Disclosure”. If an applicant does have a conviction which may disclose
their previous name/gender, it would be useful for the applicant to
advise me of this on the initial call. An applicant may be able to
prevent this from happening, so advising me sooner rather than later
will help speed up the process.
My Address is: FAO Katie Howell,
1st Floor South,
Criminal Records Bureau,
PO BOX 165,
Liverpool,
L69 3JD
Olivia O’Leary presents the series which brings together two people who have had profound and similar experiences, to hear their individual stories and compare the long-term effects on each of their lives.
In this candid broadcast from 17 July 2008, two spouses of transsexual people discuss how they have coped with their partners’ gender transition.
