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Feminism: Sex and gender discussions

How a GRC changes the way discrimination claims work

27 replies

frazzled1 · 11/02/2023 18:24

twitter.com/michaelpforan/status/1623734652031705092

Interesting Twitter thread setting out how a GRC changes the legal test in discrimination claims. Worth a read.

You’re protected from gender reassignment discrimination whether you’re legally male or legally female but the legal test will be different.

For direct discrimination you need to show that someone who shares all other characteristics with you except gender reassignment would be treated differently.

So if you’re legally a woman you need to show that a biological female would be treated differently to you: if they would then you can sue for gender reassignment discrimination. If you’re legally male you need to show that a biological man would be treated differently.

So a GRC changes your legal sex and therefore changes who you can use as the comparator. A biological man or a biological woman.

If you have a GRC you are legally that sex and that will mean you can sue in that sex for discrimination. If you’re legally a woman you sue as a woman when you’re excluded from a women only service. That will matter and might make it easier to win than if you were a man.

OP posts:
IwantToRetire · 11/02/2023 18:44

It seems more and more these interpretations are just personal opinions.

One of the so called legal experts said that associations couldn't use the single sex exemptions, and then the next week Bristol SU said they were wrong to stop women from having an association just for biological females, quoting the Equality Act.

IwantToRetire · 11/02/2023 18:41

If you’re legally a woman you sue as a woman when you’re excluded from a women only service.

Except that in this example the EA Single Sex Exemptions specifically say a trans women can be excluded from women only services.

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