Equality Act 2010 Explanatory Notes

Gender reassignment: paragraph 28
Effect

739.This paragraph contains an exception to the general prohibition of gender reassignment discrimination in relation to the provision of separate- and single-sex services. Such treatment by a provider has to be objectively justified.

Background

740.This paragraph replaces a similar provision in the Sex Discrimination Act 1975.

Example
  • A group counselling session is provided for female victims of sexual assault. The organisers do not allow transsexual people to attend as they judge that the clients who attend the group session are unlikely to do so if a male-to-female transsexual person was also there. This would be lawful.

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