I’m trying to understand how the protected characteristics work in practice. Please correct me if I’ve misunderstood the Equality Act (2010). I’ve had to learn a bit about equalities legislation for work, but I don’t have any legal qualifications.
OK, so a trans woman, for example, would be protected against discrimination based on her gender reassignment.
She would also be protected against discrimination based on sex. Firstly, because everyone has a sex. Secondly, because if someone thinks you have a particular protected characteristic and treats you unfairly as a result, that is also unlawful discrimination. So, if a trans woman was subjected to sex discrimination because she was believed to be female, she would be protected under the Equality Act.
So, in practice, would trans people lose any protections under the Equality Act if the protected characteristic of sex was defined to mean “biological sex”? Also, would this change make it easier for organisations to apply the sex-based exemptions in the Act?