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Sex Discrimination (Gender Reassignment) Regulations (Northern Ireland) 1999

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Discrimination on the grounds of gender reassignment

2.—(1) In Article 2(2) of the Order (interpretation) after the definition of “further education” there shall be inserted the following definition—

“gender reassignment” means a process which is undertaken under medical supervision for the purpose of reassigning a person’s sex by changing physiological or other characteristics of sex, and includes any part of such a process;.

(2) After Article 4 of the Order there shall be inserted the following Article—

Discrimination on the grounds of gender reassignment

4A.(1) A person (“A”) discriminates against another person (“B”) in any circumstances relevant for the purposes of—

(a)any provision of Part III; or

(b)any provision of Part IV, so far as it applies to vocational training,

if he treats B less favourably than he treats or would treat other persons, and does so on the ground that B intends to undergo, is undergoing or has undergone gender reassignment.

(2) Paragraph (3) applies to arrangements made by any person in relation to another’s absence from work or from vocational training.

(3) For the purposes of paragraph (1), B is treated less favourably than others under such arrangements if, in the application of the arrangements to any absence due to B undergoing gender reassignment—

(a)he is treated less favourably than he would be if the absence was due to sickness or injury; or

(b)he is treated less favourably than he would be if the absence was due to some other cause and, having regard to the circumstances of the case, it is reasonable for him to be treated no less favourably.

(4) In paragraphs (2) and (3) “arrangements” includes terms, conditions or arrangements on which employment or vocational training is offered.

(5) For the purposes of paragraph (1), a provision mentioned in that paragraph framed with reference to discrimination against women shall be treated as applying equally to the treatment of men with such modifications as are requisite..

(3) In Article 7 of the Order (basis of comparison) after the words “or 5(1)” there shall be inserted the words “, or a comparison of the cases of persons required for the purposes of Article 4A,”.

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