Following the ECJ decision of P v S and Cornwall County Council in 1996 the Sex Discrimination Act 1975 has been amended to prohibit direct discrimination on the grounds of gender reassignment. The Act contains a new section 2A which applies in circumstances where a person treats another person less favourably because that person intends to undergo, is undergoing or has undergone gender reassignment. The usual defence of genuine occupational qualification is available to a respondent. There is no protection for an employee against indirect discrimination.
For further information please contact Susan Nickson, Trinity Court, 16 John Dalton Street, Manchester M60 8HS, UK, Tel: +44 161 830 5000
This article was first published in the June 1999 issue Employment Newsletter of Hammond Suddards.
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
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