What is Gender Reassignment Discrimination?
Gender discrimination is when a person is treated less favourably than another in the workplace by your employer or the employees due to your gender, In a commercial society which values and appreciates the diversity of its employees, it is important that the workplace reflects a group which does not discriminate against their own.
Overview of Gender Reassignment Discrimination
The Equality Act 2010 (TEA 2010) prohibits discrimination against gender reassignment. In this kind of discrimination, employers are biased against you due to modifications of your sex from the one you were born with to your preferred sex through personal or surgical changes. This means that the legislation also covers gender transitions that have not taken place under medical supervision.
Non-binary individuals, for example, those who may identify as neither male or female, are protected by the legislation if they are thought to be considering or thought to be going/have gone through gender reassignment.
How does Gender discrimination happen?
You can be discriminated against based on your gender if someone in the workplace treats you differently because you were absent during your working hours to attend therapy sessions or if you are sick because you are recuperating from the transition. You may also be discriminated against based on your reassignment. This may take the form of insults to your status as a transgender or gender-fluid individual or may escalate to physical abuse.
What the Employer can do to avoid gender discrimination at work?
A ‘transgender’ or non-binary person is not required to tell his/her Employer about their gender identity if they do not wish to do so. However, in the case the Employer has been communicated so, several work adjustments shall be put into place such as considering a potential change in the dress code and adjustment in the shower facilities/toilet, they should change the employee’s personal information/records and consider reviewing their policies on the matter to ensure they meet current regulations. It would be unfair for an employer to face a claim of discrimination in this matter if they were not made aware of the protected characteristic in the first place.
Time off for medical procedures
Employers should consider being flexible about notice periods that the person may book off to have surgery and potentially waive the normal notice-required criteria. As the employee is effectively choosing to have this time off, i.e. it is not required for a medical or health threatening reason then it would be reasonable for an employer to class any required time off as normal leave. Counselling could be booked when the employee is not at work, whether an employer would allow this in paid time is at their discretion.
How to make a claim for Gender Reassignment Discrimination
If you feel discriminated against due to your gender change talk to your Manager or write a formal complaint to the HR department. If the issue is not solved, you could then bring a claim for age discrimination to the Employment Tribunal. Our advisers would be delighted to assist you for ant claim.