Gender: sex and gender reassignment Sex Sex is a protected characteristic under the Equality Act. Within the Act, sex means a male or female of any age. Sex does not include sexual orientation or gender reassignment, which are separately protected. Facts and Figures Women make up a higher proportion of those students studying for a first degree in the UK, with 59 per cent of UK domiciled undergraduates being female in 2008/09 (HESA 2010). Subject areas with a high proportion of women include medicine (80%), veterinary science (76%), education (76%) and languages (68%); by contrast men are disproportionately represented in engineering and technology (84%) and computer science (81%) (ECU 2010) Of first degree qualifiers in 2008/09, more women than men obtained first or upper second degrees (64%) than men (59%) (HESA Student Record 2008/09) Despite a persistent gender pay gap (12.2% overall for full time workers in 2009) women with degrees are estimated to suffer only a 4% loss in lifetime earnings as a result of motherhood (EHRC Triennial Review 2010) In 2009, only a third of managerial jobs were taken by women, and this vertical segregation is accompanied by significant horizontal segregation; although there are signs of improvement in the professions, the representation of women in some (such as engineering and ICT) remains stubbornly low (EHRC Triennial Review 2010) Useful Links and Support Advisory Conciliation Arbitration Service (ACAS) Equality and Human Rights Commission Fawcett Society Home Office Equalities information Opportunity Now Trade Union Congress – Equality Issues Gender Reassignment Gender reassignment is a protected characteristic under the Equality Act. Within the Act, a person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing or have undergone a process for the purpose of reassigning their sex by changing physiological or other attributes of sex. A transsexual person has the protected characteristic. This definition is new. Under previous law there was a requirement for the person to be under medical supervision to be protected. This means that gender reassignment is now considered to be the personal process of moving away from an individual’s birth gender to their preferred gender, rather than a medical process. Protection is provided from the moment someone proposes to move along the pathway away from their birth gender. However it does not require them to have reached a permanent decision to reassign their gender. This means they would be protected if they make their intention known to someone, start to dress or behave like someone who is changing their gender or living in the identity of the opposite sex or if they start attending counselling sessions relating to the start of a gender reassignment process. Where someone starts the process of gender reassignment and has withdrawn before the process is completed, they will still have the protected characteristic as they have undergone part of the process. It is not necessary for the transsexual person to obtain legal recognition of their acquired gender to be protected but the Gender Recognition Act 2004 allows transsexual people to gain legal recognition of their acquired gender by registering for a gender recognition certificate. Once a gender recognition certificate has been issued, a transsexual person is considered legally to be his or her acquired gender. As a result they may be able to: - Acquire a substitute birth certificate with the acquired gender - Marry in the new gender or form a civil partnership with someone of the same gender under the Civil Partnership Act 2004; and /or - Retire and receive a State Pension at the age appropriate to the acquired gender. Facts and figures It is estimated that, in 2007, the prevalence of people who had sought medical care for gender variance was 20 per 100,000, i.e. 10,000 people, of whom 6,000 had undergone transition. 80% were assigned as boys at birth (now trans women) and 20% as girls (now trans men). Incidence, in 2007, was estimated to be 3.0 per 100,000 people aged over 15 in the UK, that is 1,500 people presenting for treatment of gender dysphoria. Gender variant people present for treatment at any age. The median age is 42. Few younger people present for treatment despite the fact that most gender dysphoric adults report experiencing gender variance from a very early age. Organisations should assume that 1% of their employees and service users may be experiencing some degree of gender variance. At some stage, about 0.2% may undergo transition. (GIRES 2011) Additional Useful Links and Support Gender Identity Research and Education Society Gender Identity Research and Education Society tranzwiki This information is provided by the Employers Network for Equality and Inclusion. To find out more about the enei, go to www.enei.org.uk.

Gender: sex and gender reassignment

Sex

Sex is a protected characteristic under the Equality Act. Within the Act, sex means a male or female of any age. Sex does not include sexual orientation or gender reassignment, which are separately protected.

Facts and Figures
Women make up a higher proportion of those students studying for a first degree in the UK, with 59 per cent of UK domiciled undergraduates being female in 2008/09 (HESA 2010).

Subject areas with a high proportion of women include medicine (80%), veterinary science (76%), education (76%) and languages (68%); by contrast men are disproportionately represented in engineering and technology (84%) and computer science (81%) (ECU 2010)

Of first degree qualifiers in 2008/09, more women than men obtained first or upper second degrees (64%) than men (59%) (HESA Student Record 2008/09)

Despite a persistent gender pay gap (12.2% overall for full time workers in 2009) women with degrees are estimated to suffer only a 4% loss in lifetime earnings as a result of motherhood (EHRC Triennial Review 2010)

In 2009, only a third of managerial jobs were taken by women, and this vertical segregation is accompanied by significant horizontal segregation; although there are signs of improvement in the professions, the representation of women in some (such as engineering and ICT) remains stubbornly low (EHRC Triennial Review 2010)

Useful Links and Support

Advisory Conciliation Arbitration Service (ACAS)
Equality and Human Rights Commission
Fawcett Society
Home Office Equalities information
Opportunity Now
Trade Union Congress – Equality Issues

Gender Reassignment

Gender reassignment is a protected characteristic under the Equality Act. Within the Act, a person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing or have undergone a process for the purpose of reassigning their sex by changing physiological or other attributes of sex. A transsexual person has the protected characteristic.

This definition is new. Under previous law there was a requirement for the person to be under medical supervision to be protected. This means that gender reassignment is now considered to be the personal process of moving away from an individual’s birth gender to their preferred gender, rather than a medical process.

Protection is provided from the moment someone proposes to move along the pathway away from their birth gender. However it does not require them to have reached a permanent decision to reassign their gender. This means they would be protected if they make their intention known to someone, start to dress or behave like someone who is changing their gender or living in the identity of the opposite sex or if they start attending counselling sessions relating to the start of a gender reassignment process.

Where someone starts the process of gender reassignment and has withdrawn before the process is completed, they will still have the protected characteristic as they have undergone part of the process.

It is not necessary for the transsexual person to obtain legal recognition of their acquired gender to be protected but the Gender Recognition Act 2004 allows transsexual people to gain legal recognition of their acquired gender by registering for a gender recognition certificate. Once a gender recognition certificate has been issued, a transsexual person is considered legally to be his or her acquired gender.

As a result they may be able to:

- Acquire a substitute birth certificate with the acquired gender
- Marry in the new gender or form a civil partnership with someone of the same gender under the Civil Partnership Act 2004; and /or
- Retire and receive a State Pension at the age appropriate to the acquired gender.

Facts and figures
It is estimated that, in 2007, the prevalence of people who had sought medical care for gender variance was 20 per 100,000, i.e. 10,000 people, of whom 6,000 had undergone transition. 80% were assigned as boys at birth (now trans women) and 20% as girls (now trans men).

Incidence, in 2007, was estimated to be 3.0 per 100,000 people aged over 15 in the UK, that is 1,500 people presenting for treatment of gender dysphoria.

Gender variant people present for treatment at any age. The median age is 42. Few younger people present for treatment despite the fact that most gender dysphoric adults report experiencing gender variance from a very early age.

Organisations should assume that 1% of their employees and service users may be experiencing some degree of gender variance. At some stage, about 0.2% may undergo transition. (GIRES 2011)

Additional Useful Links and Support
Gender Identity Research and Education Society
Gender Identity Research and Education Society tranzwiki

This information is provided by the Employers Network for Equality and Inclusion. To find out more about the enei, go to www.enei.org.uk.