How a GRC changes the way discrimination claims work

[frazzled1]

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.

"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."

See, this just doesn't mean anything, does it?

'A person is proposing to undergo ... part of a process'

Could mean absolutely anything. I propose I'm going to do all sorts of things. Doesn't mean I will.

'changing physiological or other attributes of sex'

What are the 'other' attributes?