The Sex Discrimination (Gender Reassignment) Regulations 1999

Under these regulations it is unlawful for employers to discriminate against employees who are undergoing, or intend to undergo or who have undergone gender reassignment. Gender reassignment applies to an individual who, although born of one sex, chooses to adopt characteristics of the opposite sex or considers himself or herself to be of the opposite sex and who may take steps such as undergoing gender reassignment through surgical intervention. It is important to note that the regulations only apply to direct discrimination.

These regulations resulted from the European Court of Justice decision in P v S and Cornwall County Council (1991) which held that to dismiss an employee because he or she intends to undergo gender reassignment was in breach of EU Equal Treatment Directive.

It is not unlawful to discriminate on grounds of gender reassignment where:

• A person's sex is a genuine occupational qualification GOQ) for the job;
• The job involves the holder conducting intimate searches pursuant to statutory powers;
• The job involves the holder working in a private home and reasonable objection can be shown by the employer because of the intimate contact in these circumstances.

The Sex Discrimination (Gender Reassignment) Regulations 1999 in full Gender Reassignment.