Transsexuals

THE LAW

At present, Alexandra wouldn't be protected from discrimination under the law if she was discriminated against on the grounds of her gender. Transsexuals currently have some protection from discrimination as a result of the Sex Discrimination (Gender Reassignment) Regulations 1999 but it is limited. An individual acquires protection only when they have started taking medication.

Despite taking medication, undergoing surgery and completing the process to change sex, transsexuals can't change their birth certificate. However, the new Gender Recognition Act 2004 will enable transsexuals and individuals who suffer from gender identity disorders to obtain a Gender Recognition Certificate, which would effectively supersede their birth certificate for certain purposes.

The new act comes into force from April 2005 and will apply to individuals who have not necessarily undergone surgery to change their sex or intend to do so. However, individuals will have to make a statutory declaration that will say, among other things, that they have lived in their new gender for two years and intend to do so until their death.

An application to change gender is made to a panel and must be accompanied by medical evidence in the form of a report by a specialist in gender dysphoria. The Gender Recognition Panel will then decide whether to issue a Gender Recognition Certificate, which would be registered on the new Gender Recognition Register.

EXPERT ADVICE

It's important to be aware that this new legislation is more extensive than the protection for transsexuals that currently exists, and extends to individuals who have no intention of changing their physical appearance.

Acquiring a new gender won't affect the status of a person as a parent or any succession rights. Certain criminal acts can still be committed by them. For example, if their new gender is female but they have male genitalia, they can still be prosecuted for rape. Sporting bodies can also lawfully restrict or prohibit participation in a gender-affected sport. The All England Lawn Tennis Association, for example, could prevent a male tennis player trying to dominate the Wimbledon ladies' tournament.

The act will change the law on marriage so that a person can marry based on their acquired gender, and pension entitlement will be assessed based on their new gender. It also extends the legislation on discrimination, making it unlawful to treat an individual less favourably than others who are not intending to undergo, are undergoing or have undergone gender reassignment.

CHECK LIST

n Be aware that you could be liable for discrimination against an individual who is contemplating changing their gender.

n To change gender, an individual doesn't have to take medication or undergo any surgery. Their physical appearance can therefore remain unaltered. However, they must make an application to the new Gender Recognition Panel and be given a Gender Recognition Certificate.

n Ensure you're not discriminating against anyone who may change their gender by the way you provide your services or in your employment practices.

BEWARE!

If you discriminate against a person on the grounds of their gender, they can make a complaint against an individual and the company. If they're successful, unlimited awards could be made against both the individual and the company.

CONTACT

Pam Loch, Fladgate Fielder,

E-mail: ploch@fladgate.com

Tel: 020 7323 4747

USEFUL WEBSITES

www.eoc.org.uk

www.dti.gov.uk

www.gender.org.uk

BOXHEAD: the problem

BOXTEXT: Alexandra found it difficult to find a job after deciding she wanted to change her sex from male to female. Although she dressed as a woman, she was taking no medication and had had no surgery. She was dismissed from a previous job when they found out the truth, and encountered problems applying for jobs as a female.