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Gender reassignment discrimination

This advice applies to Scotland

If you're treated unfairly because you're a transgender person, this is is called 'discrimination because of gender reassignment'.

The Equality Act 2010 says it's only unlawful discrimination if you're treated a certain way, because of certain reasons called 'protected characteristics'. Gender reassignment is one of the protected characteristics under the Equality Act.

What’s meant by gender reassignment

You have the protected characteristic of gender reassignment if you:

  • want to reassign your sex from your birth sex to your preferred sex
  • do this by changing physical or other characteristics

Gender reassignment is a personal process rather than a medical one. You don't have to undergo medical treatment or be under medical supervision to be protected under the Equality Act as a transgender person.

Next steps

Other useful information

Equality Advisory Support Service (EASS)

If you have experienced discrimination, you can get help from the EASS discrimination helpline.

Equality and Human Rights Commission (EHRC)

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