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Older Leglislation

Some of this leglislation might have some relevance - but the Equality Act 2010 has repealed much of it.


The Sex Discrimination Act 1975(the SDA) [NOW REPEALED by The Equality Act 2010 ]

This legislation outlawed discrimination between men and women. Itwas amended by various orders and regulations including the The Sex Discrimination (Gender Reassignment) Regulations 1999 and the The Sex Discrimination (Gender Reassignment) Regulations 2008.

The regulations provided equivalent protection to those trans people who were intending to live, or who are living permanently in their preferred gender role (if it has involved being under Medical supervision).

The Act, as amended in 1999 and 2008, made discrimination on the grounds that a person in trans, unlawful in Employment and Vocational Training or in the provision of goods, services, housing and facilities.

To qualify for protection a trans person was to be:

-- Intending to undergo, are undergoing or have undergone gender reassignment

The Protection from Harassment Act 1997

This Act was primarily created to provide protection against stalkers, but it has been used in other ways. Under this act the definition of harassment is behaviour which causes alarm or distress.

The Act gave Employers vicarious liability for harassment by their employees.

The Criminal offences of Harassment include:

s.1 the offence of harassment. i.e. conducting a course of conduct—

(a) which amounts to harassment of another, and

s. 4 Putting people in fear of violence. A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used.

Sex Discrimination (Gender Reassignment) Regulations (Northern Ireland) 1999: [NOW REPEALED by The Equality Act 2010 ]

Northern Ireland’s law to outlaw discrimination against trans people in Employment and Vocational Training with some exceptions (see above for details of the 1999 Regulations for England and Wales)

The Sex Discrimination (Gender Reassignment) Regulations 1999 [NOW REPEALED by The Equality Act 2010 ]

These regulations amended the Sex Discrimination Act 1975, to outlaw discrimination (i.e. unequal treatment which places the person at a disadvantage) in the areas of Employment and Vocational Training (with a few exceptions), if the discrimination takes place because a trans person is ‘intending to live, or is living permanently in their new gender role.’

The Equality Act 2006

Primary legislation which established the Equality and Human Rights Commission.

Also introduced a Public Sector Duty on all public authorities e.g. government, local authorities, and public services such as policing, the courts and health services to:

--- eliminate unlawful sex discrimination and harassment between men and women including trans men and women

The Sex Discrimination (Amendment of Legislation) Regulations 2008 [NOW REPEALED by The Equality Act 2010 ]

This amended the Sex Discrimination Act 1975 so as to provide protection from discrimination for trans people in the areas of the Provision of Goods, Services, Facilities and Premises. There were a few exceptions in areas where discrimination is still not unlawful, notably

· advertising,

· education

· the provision of goods, facilities or services at a place occupied or used for the purposes of an organized religion.