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Original poster

"Gender" rather than "gender reassignment" protected characteristic - does it matter?

29 replies

LoftyLisa · 11/02/2021 08:56

My employer (woke as fuck) keeps listing gender, rather than gender reassignment, as a protected characteristic. They do also list sex, and all the others in the Equalities Act (2010) accurately.
Is this worth pointing out? It's inaccurate, which is annoying, but what are the real implications? Sorry to be dense. Can anyone spell it out for me so I can decide whether to say anything? Many thanks.

OP posts:
MildlyIrritatedOfChorley · 11/02/2021 09:07

It is the law so I would point it out.

I would frame it as being important to protect people with a trans identity. Gender could mean anyone. Gender reassignment specifically means trans people. Getting it wrong "erases" trans people. The law is the law so get it right.

Lougle · 11/02/2021 09:05

I think "or other attributes of sex" is a huge loophole. If it's not physiological, then it must be psychological, surely? Therefore anyone who 'feels woman' can claim gender reassignment.

Lougle · 11/02/2021 09:02

The Equality Act says:

7Gender reassignment
(1)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.
(2)A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.
(3)In relation to the protected characteristic of gender reassignment—
(a)a reference to a person who has a particular protected characteristic is a reference to a transsexual person;
(b)a reference to persons who share a protected characteristic is a reference to transsexual persons.

CaraDuneRedux · 11/02/2021 09:01

In theory there's a difference, in practice not so much.

The protected characteristic of gender reassignment applies to anyone who already has a gender reassignment certificate or (and this is the crucial loophole) is in the process of getting one. So all you have to do as someone who identifies as trans is say "I'm starting the process of getting one" and I think you then have all the same legal protections as someone who has one.

Hence the Alex Drummonds and Pips Bunces of this world.

De facto, we already have self ID, even if de jure we pretend we don't.

It still might be worth pointing out that the wording of the actual law is gender reassignment. I'm all for fighting woke capture every inch of the way, and resisting attempts to replace actual law with Stonewall law.