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Name: Gender Recognition Act, 2004 (c.7)
Country: United Kingdom
Subject(s): Equality of opportunity and treatment
Type of legislation: Law, Act
Adopted on: 2004-07-01
Entry into force:
ISN: GBR-2004-L-70105
Bibliography: Statutory Instrument Statutory Instrument Her Majesty's Stationary Office (HMSO) (consulted on 2005-04-14)
Abstract/Citation: Provides transexual people with legal recognition of their acquired gender upon reception of a gender recognition certificate from a Gender Recognition Panel. They are to be treated as their acquired sex with respect to pensions and survivors benefits. Under the Sex Discrimination Act 1975, discrimination based on reassignement of gender was unlawful subject to exceptions based on 'genuine occupational qualifications'. If, for example, the nature of the job required a woman, it was permitted to refuse to hire a transexual person if the employer could show that it was reasonable to treat a male to female transsexual person as being unsuitable for that job. The Gender Recognition Act amends this section by making the exception unavailable once the person has obtained a gender recognition certificate. The exceptions in section 19 of the Sex Discrimination Act 1975 and Article 21 of the Sex Discrimination (Northern Ireland) Order 1976, which exempt discrimination in relation to employment, authorisation or qualification for the purposes of an organised religion where that employment, authorisation or qualification is limited to persons who are not undergoing and have not undergone gender reassignment, are not affected.
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