gender reassignment equality act

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What does it mean for someone to have the protected characteristic of “gender reassignment” under the Equality Act 2010? The government, public bodies, many employers and even employment tribunals are often confused about this.

Having the protected characteristic of gender reassignment does not mean that someone’s sex has changed or give them the right to make other people pretend that it has. 

These FAQs cover the definition of the characteristic and who it covers – and what this means for employers and service providers. 

Download these gender reassignment FAQs as a PDF.

What is the protected characteristic of “gender reassignment”?

What does it mean to have this characteristic , who can have this characteristic , does having the protected characteristic of gender reassignment mean that a person must be treated as the opposite sex , does the equality act outlaw “misgendering”, is it harassment to “out” a person as transgender , can employers have policies which require people to refer to transgender people in particular situations in a particular way , what should employers and service providers do to avoid the risk of harassment claims , should schools have rules about “misgendering”.

The Equality Act 2010 at Section 7 defines the protected characteristic of “gender reassignment” as relating to a person who is: 

“proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.”

The law refers to this as being “transsexual”. But the term more commonly used today is “transgender” or “trans”. This broadly relates to anyone at any stage of a personal process. For example:

• A man tells his employer that he is considering “transitioning” and is seeing a therapist with the potential result of being referred for medical treatment.
• A man identifies as a “transwoman” without having any surgery or treatment.
• A woman identified as a “transman” for several years and took testosterone, but has now stopped and “detransitioned”.

The Equality Act protects people from direct and indirect discrimination, harassment or victimisation in situations that are covered by the Equality Act, such as in the workplace or when receiving goods or services.

Direct discrimination

Direct discrimination is when you are treated worse than another person or other people because:

• you have a protected characteristic
• someone thinks you have that protected characteristic (known as discrimination by perception)
• you are connected to someone with that protected characteristic (known as discrimination by association).

For example: an employee tells their employer that they intend to transition. Their employer alters their role against their wishes to avoid them having contact with clients.

The comparator is a person who is materially similar in other aspects but does not have the protected characteristic (“is not trans”). 

Indirect discrimination

Indirect discrimination happens when a policy applies in the same way for everybody but disadvantages a group of people who share a protected characteristic, and you are disadvantaged as part of this group. This is unlawful unless the person or organisation applying the policy can show that there is a good reason for the policy. This is known as objective justification .

For example: an airport has a general policy of searching passengers according to their sex. Everyone travelling needs to follow the same security procedures and processes, but it makes transgender travellers feel uncomfortable. This could be indirect discrimination, so the airport reviews its policy and changes it so that any passenger may ask to be searched by a staff member of either sex and have a private search, out of view of other passengers. 

Harassment is unwanted behaviour connected with a protected characteristic that has the purpose or effect of violating a person’s dignity or creating a degrading, humiliating, hostile, intimidating or offensive environment.

For example: a transgender person is having a drink in a pub with friends and is referred to by the bar staff as “it” and mocked for their appearance.

Victimisation

Victimisation is when you are treated badly because you have made a complaint of gender-reassignment discrimination under the Equality Act or are supporting someone who has made a complaint of gender-reassignment discrimination. For example:

For example: a person proposing to undergo gender reassignment is being harassed by a colleague at work. He makes a complaint about the way his colleague is treating him and is sacked.

The Equality Act also provides that if a person is absent from work because of gender-reassignment treatment, their employer cannot treat them worse than they would be treated if absent for illness or injury. 

Does a person have to be under medical supervision?

No. This was explicitly removed from the definition in 2010. Gender reassignment can be a personal process. 

Must they have a gender-recognition certificate or be in the process of applying for one?

No. The protected characteristic is defined without reference to the Gender Recognition Act.

Do they have to have made a firm decision to transition? 

No. Protection against discrimination and harassment attaches to a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process).

During the passage of the Equality Act, the Solicitor General stated in Parliament: 

“Gender reassignment, as defined, is a personal process, so there is no question of having to do something medical, let alone surgical, to fit the definition. “Someone who was driven by a characteristic would be in the process of gender reassignment, however intermittently it manifested itself.  “At what point [proposing to undergo] amounts to ‘considering undergoing’ a gender reassignment is pretty unclear. However, proposing’ suggests a more definite decision point, at which the person’s protected characteristic would immediately come into being. There are lots of ways in which that can be manifested – for instance, by making their intention known. Even if they do not take a single further step, they will be protected straight away. Alternatively, a person might start to dress, or behave, like someone who is changing their gender or is living in an identity of the opposite sex. That too, would mean they were protected. If an employer is notified of that proposal, they will have a clear obligation not to discriminate against them.” 

In the case of Taylor v Jaguar Land Rover , a male employee told his employer that he was “gender fluid” and thought of himself as “part of a spectrum, transitioning from the male to the female gender identity”. He said to his line manager: “I have no plans for surgical transition.” He started wearing women’s clothing to work, asked to be referred to by a woman’s name and raised a question about which toilets he should use. The Employment Tribunal concluded that he was covered by the protected characteristic. 

Can children have the protected characteristic? 

Yes. In the case of AA, AK & Ors v NHS England , NHS England argued that children who are waiting for assessment by the Tavistock Gender Identity Development Service (GIDS) do not have the protected characteristic as they have not yet reached the stage of proposing to transition. The Court of Appeal rejected this argument. It noted that the definition of “gender reassignment” does not require medical intervention and can include actions such as changing “one’s name and/or how one dresses or does one’s hair”.

The court concluded:

“There is no reason of principle why a child could not satisfy the definition in s.7 provided they have taken a settled decision to adopt some aspect of the identity of the other gender.”

It noted that the decision did not have to be permanent. 

Is “Gillick competence” relevant to the protected characteristic?

No. “Gillick competence” refers to the set of criteria that are used for establishing whether a child has the capacity to provide consent for medical treatment, based on whether they have sufficient understanding and intelligence to fully understand it.

Having the protected characteristic of gender reassignment (that is, being able to bring a claim for gender-reassignment discrimination) does not depend on having any diagnosis or medical treatment. Therefore Gillick competence is not relevant to the Equality Act criteria. 

No. There is nothing in the Equality Act which means that people with the protected characteristic of “gender reassignment” need to be treated in a particular way, or differently from people without the characteristic. 

Article 9 and 10 of the European Convention of Human Rights protect the fundamental human rights of freedom of speech and freedom of belief. 

In the case of Forstater v CGDE [2021] it was established that the belief that men are male and women are female, and that this cannot change and is important, is protected under Article 9 and in relation to belief discrimination in the Equality Act. 

This means that employers and service providers must not harass or discriminate against people because they recognise that “transwomen” are men and “transmen” are women. Employers and service providers cannot require people to believe that someone has changed sex, or impose a blanket constraint on expressing their belief. 

No. “Misgendering” is not defined or outlawed by the Equality Act. 

In general, people who object to “misgendering” mean any reference to a person who identifies as transgender by words that relate to their sex. This can include using the words woman, female, madam, lady, daughter, wife, mother, she, her and so on about someone who identifies as a “transman”, or man, male, sir, gentleman, son, husband, father, he, him and so on about someone who identifies as a “transwoman”. 

Any form of words may be harassment, but this depends on the circumstances and the purpose and effect of the behaviour. Harassment is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for a person.   An employment tribunal would also consider:

• that person’s perception
• the other circumstances of the case
• whether it is reasonable for the conduct to have that effect.

Tribunals have emphasised that when judging harassment context is everything, and warned against a culture of hypersensitivity to the perception of alleged victims.

Employment tribunal judgments

As Lord Justice Nicholas Underhill found in Dhellwal v Richmond Pharmacology [2009], a case decided under the Race Relations Act:

“What the tribunal is required to consider is whether, if the claimant has experienced those feelings or perceptions, it was reasonable for her to do so. Thus if, for example, the tribunal believes that the claimant was unreasonably prone to take offence, then, even if she did genuinely feel her dignity to have been violated, there will have been no harassment within the meaning of the section.”

In the Forstater case, the employment appeal tribunal said that it was not proportionate to “impose a requirement on the Claimant to refer to a trans woman as a woman to avoid harassment”. It said that:

“ Whilst the Claimant’s belief, and her expression of them by refusing to refer to a trans person by their preferred pronoun, or by refusing to accept that a person is of the acquired gender stated on a GRC, could amount to unlawful harassment in some circumstances, it would not always have that effect. In our judgment, it is not open to the Tribunal to impose in effect a blanket restriction on a person not to express those views irrespective of those circumstances.”

In the case of de Souza v Primark Stores [2017] , a transgender claimant who went by the name of Alexandra, but whose legal name was Alexander, was found to have been harassed by colleagues who made a point of using the male form of name when they knew he did not want them to, but not by being issued with a “new starter” badge that showed his legal name. 

In the case of Taylor v Jaguar Land Rover [2020] , a male claimant who wore women’s clothing  to work was judged to have been exposed to harassment by colleagues saying “What the hell is that?”, “So what’s going on? Are you going to have your bits chopped off?”, “Is this for Halloween?” and referring to the claimant as “it”. 

Not necessarily. 

A person can be “outed” as transgender in two different ways: 

• Their sex is commonly known and recorded, but their transsexualism is not (for example a man who cross-dresses at the weekend and is considering transitioning is “outed” at work by someone who has seen them at a social event).
• They are disappointed in the expectation of being treated as one sex when they are actually the other (for example a person who identifies as a “trans woman” is referred to as male by a woman in a changing room).

In Grant v HM Land Registry [2011] , which concerned the unwanted disclosure that an employee was gay, Lord Justice Elias found that this did not amount to harassment: 

“Furthermore, even if in fact the disclosure was unwanted, and the claimant was upset by it, the effect cannot amount to a violation of dignity, nor can it properly be described as creating an intimidating, hostile, degrading, humiliating or offensive environment. Tribunals must not cheapen the significance of these words. They are an important control to prevent trivial acts causing minor upsets being caught by the concept of harassment.”

The perception (or hope) of transgender people that they “pass” as the opposite sex is often not realistic. Their sex is not in fact hidden, but is politely ignored by some people in some situations. It is not reasonable for them to be offended by other people recognising their sex, particularly if they are seeking access to a single-sex service. Acknowledging someone’s sex, particularly where there is a good reason, is unlikely to be harassment. 

In the first-instance case of Chapman v Essex Police , a transgender police officer felt embarrassed and upset when a police control-room operator double-checked his identity over the radio because his male voice did not match the female name that the operator could see. The tribunal did not uphold a complaint of harassment, finding that the claimant was “too sensitive in the circumstances”.

Yes, but those policies must be proportionate. Employers cannot have blanket policies against “misgendering”, but can have specific policies concerning how staff should refer to transgender people in particular situations. Organisations should recognise that these policies constrain the expression of belief, and therefore they should seek to achieve their specific aims in the least intrusive way possible.

When determining whether an objection to a belief being expressed is justified, a court will undertake a balancing exercise. This test is set out in the case of Bank Mellat v HM Treasury :

• Is the objective the organisation seeks to achieve sufficiently important to justify the limitation of the right in question?
• Is the limitation rationally connected to that objective?
• Is a less intrusive limitation possible that does not undermine the achievement of the objective in question?
• Does the importance of the objective outweigh the severity of the limitation on the rights of the person concerned?

For example: 

• A company provides a specialist dress service to transsexual and transvestites. The men who use the service expect to be called “she” and “her” and referred to as Madam. It is justified for the employer to train and require staff to use this language when serving customers. 
• Staff at a full-service restaurant greet customers as “Sir” and “Madam” as they arrive. The restaurant’s policy is that staff should use the terms which appear most appropriate based on gendered appearance, and to defer to customer preference if one is expressed. This is justified by the aim of creating the service and ambience that the restaurant owners seek to provide. 
• A public body assesses claimants for medical benefits, including individuals with mental-health conditions. It directs its staff to refer to claimants using the terms which the claimants prefer, including using opposite-sex pronouns when requested, in order to make them feel comfortable. However, it recognises that in recording medical information, assessors must be able to be accurate about claimants’ sex. This is justified by the aim of providing a service that is accessible and effective for vulnerable clients. 

The case of David Mackereth v AMP and DWP concerned a doctor who lost his job undertaking claimant health assessments for the Department for Work and Pensions because he refused to comply with its policy on using claimants’ preferred pronouns. The employer’s policy was found not to have amounted to unlawful harassment or discrimination against Dr Mackereth, in the particular circumstances of his job. However, the Employment Appeal Tribunal stated that “misgendering” would not necessarily be harassment: 

“Such behaviour may well provide grounds for a complaint of discrimination or harassment but, as the EAT in Forstater made clear, that will be a fact-specific question to be determined in light of all the circumstances of the particular case.”

Relevant considerations

In Higgs v Farmor’s School [2023] Mrs Justice Eady sets out the considerations that are likely to be relevant considering whether constraining the expression of a belief (“manifestation”)  in order to avoid harassment or discrimination is justified in the context of employment. These include:

• the content of the manifestation
• the tone used
• the extent of the manifestation
• the worker’s understanding of the likely audience
• the extent and nature of the intrusion on the rights of others, and any consequential impact on the employer’s ability to run its business
• whether the worker has made clear that the views expressed are personal, or whether they might be seen as representing the views of the employer, and whether that might present a reputational risk
• whether there is a potential power imbalance given the nature of the worker’s position or role and that of those whose rights are intruded upon;
• the nature of the employer’s business, in particular where there is a potential impact on vulnerable service users or clients
• whether the limitation imposed is the least intrusive measure open to the employer.

Employers cannot force employees to believe that people can change sex, or prevent them expressing that lack of belief except in limited circumstances. So what should employers do to protect transgender people from harassment, and themselves from liability? 

They should have ordinary policies against bullying and harassment, including jokes, name-calling, humiliation, exclusion and singling people out for different treatment.

They should seek to avoid putting people in situations they will reasonably experience as hostile or humiliating.

Ambiguous rules put people in situations where it is reasonable to feel offended. For example, an employer provides “female” toilets, showers and changing rooms, but allows some male staff in because they identify as transgender. This creates a hostile environment: 

• female staff are surprised, shocked, humiliated and upset to find themselves sharing with a colleague of the opposite sex
• male staff members who want people to treat them as women may be challenged or face comments that are intended to intimidate, humiliate or degrade them.

This was the situation faced by the Sheffield Hospital Trust , which had a policy that transgender staff could use opposite-sex facilities. It had to deal with the fall-out when women complained about seeing a half-naked male in their changing room and the male staff member sued for harassment after being questioned about this.

Rather than putting these two groups of people together in a environment where both will reasonably feel harassed, employers should have clear rules about facilities that are single-sex, and also, where possible, provide a unisex alternative for anyone who needs it, including people who feel that they have “transitioned away from their sex” and therefore do not wish to use single-sex facilities shared with members of their own sex. The EHRC last year provided guidance on single-sex services which encouraged clear rules and policies.

It should be made clear to people who have the protected characteristic of “gender reassignment” that having this characteristic does not mean it is reasonable for them to expect others to believe or pretend to believe they have changed sex, or for them to be allowed to break (or expect to be an exception to) rules that aim to protect the dignity and privacy of others. 

If a person breaks a clear rule against entering a space provided for the opposite sex, it is not reasonable for them to feel offended when this is pointed out. 

No. It would not be lawful for schools to have a policy that forbids, punishes or denigrates pupils who use clear words about the sex of other people (such as pronouns, but also boy/girl, male/female and so on), nor to require pupils to refer to some classmates as if they were the opposite sex.

• To do so constrains the freedom of speech of pupils in a way that is unjustified and discriminates against them on the basis of belief. 
• It is inconsistent with schools’ safeguarding duty of care , and with their record-keeping responsibilities, for staff to misrepresent the sex of pupils in their records or in introducing them to their peers. 
• In order to explain and enforce sex-based rules designed to keep children safe (such as who is allowed in which showers, toilets, dormitories or sports teams), schools must be able to use clear and unequivocal language. 
• It is not reasonable to expect that a child at school, or transferring between schools, can avoid being “outed” as the sex that they are . 

We do not think that any policy which tells teachers or pupils to lie about the sex of pupils, constrains them from using clear sex-based language or treats them detrimentally if they do would pass the proportionality test. It is an unreasonable constraint on speech that is neither required nor justified in order to avoid discrimination on the basis of gender reassignment. 

Schools form part of a system that is regulated at a national level. In England that system is the responsibility of the Secretary of State for Education. It is the responsibility of the Secretary of State to make this legal situation clear across the English school system by issuing the long-awaited DfE guidance. 

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FACT SHEET: Biden- ⁠ Harris Administration Advances Equality and Visibility for Transgender Americans

Today, the Biden-Harris Administration recognizes Transgender Day of Visibility, an annual celebration of the resilience, achievements, and joy of transgender people in the United States and around the world. Every American deserves the freedom to be themselves. But far too many transgender Americans still face systemic barriers, discrimination, and acts of violence. Today, the Administration once again condemns the proliferation of dangerous anti-transgender legislative attacks that have been introduced and passed in state legislatures around the country. The evidence is clear that these types of bills stigmatize and worsen the well-being and mental health of transgender kids, and they put loving and supportive families across the country at risk of discrimination and harassment. As the President has said, these bills are government overreach at its worst, they are un-American, and they must stop. Transgender people are some of the bravest people in our nation. But nobody should have to be brave just to be themselves. Today, the Biden Administration announced new actions to support the mental health of transgender children, remove barriers that transgender people face accessing critical government services, and improve the visibility of transgender people in our nation’s data.

Reinforcing federal protections for transgender kids. The Justice Department announced today that it has issued a letter to all state attorneys general reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination, including when those youth seek gender-affirming care. Advancing dignity, respect, and self-determination for transgender people by improving the traveler experience. For far too long, transgender, non-binary, and gender non-conforming Americans have faced significant barriers to travelling safely and many have not had their gender identity respected as they travel within the United States and around the world. To create a safer and more dignified travel experience, the Biden Administration is announcing the following changes.

• The Department of State is announcing that beginning on April 11, 2022, all U.S. citizens will be able select an “X” as their gender marker on their U.S. passport application. This is a major step in delivering on the President’s commitment to expand access to accurate identification documents for transgender and non-binary Americans. Information on how to apply will be available at travel.state.gov/gender .
• Implementing enhanced screening technology. The Transportation Security Administration (TSA) will soon begin updating its Advanced Imaging Technology (AIT) body scanners with new technology that will increase security and efficiency by reducing false alarm rates and pat-downs for the traveling public. By replacing the current, gender-based system with this more accurate technology, TSA will improve the customer experience of transgender travelers who have previously been required to undergo additional screening due to alarms in sensitive areas.  This new technology will help to improve the experience of travelers, particularly those who are transgender and non-binary travelers. TSA will begin deploying this new technology in airports throughout the country later this year.
• Expanding airline partnerships to enhance the overall travel experience.  TSA is working closely with air carriers across the nation to promote the use and acceptance of the “X” gender marker to ensure more efficient and accurate passenger processing. As of March 31st, two major domestic air carriers already offer a third gender marker option in their travel-reservation systems, with a third air carrier planning to offer this option in the Fall of 2022.
• Streamlining identity validation. TSA has updated its Standard Operating Procedures to remove gender considerations when validating a traveler’s identification at airport security checkpoints. This ensures that TSOs can accurately and efficiently validate each traveler’s identity while avoiding unnecessary delays.
• Updating TSA PreCheck and CBP Trusted Traveler Programs enrollment to include “X” gender markers. The Department of Homeland Security is beginning the process of adding “X” gender markers options in Trusted Traveler programs and the TSA PreCheck program to enhance access for transgender, non-binary, and gender non-conforming travelers to these programs.

Providing resources for transgender kids and their families. Transgender children are put at higher risk of attempted suicide or mental health challenges when they face bullying, rejection, or denial of health care. The Biden Administration is releasing several new resources to help transgender children and their parents thrive:

• Providing mental health resources for transgender youth.  In recent months, multiple states have removed critical information about mental health resources for LGBTQI+ youth from official state websites. Transgender youth often face significant barriers in accessing supportive resources, and are at greater risk of attempted suicide. In response, the Department of Health and Human Services released a new website that offers resources for transgender and LGBTQI+ youth, their parents, and providers. These resources include best practices for affirming an LGBTQI+ child, and information about suicide prevention services.
• Expanding trainings to support transgender and nonbinary students in schools. The Office of Safe and Supportive Schools in the Department of Education will offer new training for schools with experts and school leaders who will discuss the challenges faced by many transgender and nonbinary students and strategies and actions for providing support.
• Confirming the positive impact of gender affirming care on youth mental health. The Substance Abuse and Mental Health Services Administration (SAMHSA) has posted LGBTQI+ Youth – Like All Americans, They Deserve Evidence-Based Care , in which Miriam Delphin-Rittmon, Ph.D., HHS Assistant Secretary for Mental Health and Substance Use and the leader of SAMHSA, shares how to engage LGBTQI+ youth, the evidence behind the positive effects of gender affirming care, and available resources for LGBTQI+ youth, their families, providers, community organizations, and government agencies.
• Confirming that gender-affirming care is trauma-informed care. The National Child Traumatic Stress Network (NCTSN), which is administered by the Substance Abuse and Mental Health Services Administration, is releasing new information for providers confirming that providing gender-affirming care is neither child maltreatment nor malpractice.
• Providing resources on the importance of gender affirming care for children and adolescents. The Office of the Assistant Secretary for Health has developed a resource to inform parents and guardians, educators, and other persons supporting children and adolescents with information on what is gender-affirming care and why it is important to transgender, nonbinary, and other gender expansive young people’s well-being.

Improving access to federal services and benefits for transgender Americans.  With support and coordination from the U.S. Digital Service, federal agencies are removing barriers to access government services by improving the customer experience of transgender, non-binary, and gender non-conforming Americans:

• Accessing retirement savings. The Social Security Administration is announcing that it is removing the requirement that transgender people show proof of identity such as doctor’s notes in order to update their gender information in their social security record by the fall of 2022. This will significantly improve transgender individuals’ experience in accessing their retirement benefits, obtaining health care, and applying for jobs.
• Filing an employment discrimination complaint . The U.S. Equal Employment Opportunity Commission (EEOC) is announcing that it will promote greater equity and inclusion for members of the transgender community by giving individuals the option to select an “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination.
• Applying for federal student aid. The Department of Education plans to propose next month that the 2023-24 FAFSA (Free Application for Federal Student Aid) will include an opportunity for applicants to indicate their gender identity as well as their race/ethnicity when applying for federal financial aid. The questions, which will be posted for public comment, will be in a survey that accompanies the application. This privacy-protected information would help to inform the Department about possible barriers students, including transgender and nonbinary students, face in the financial aid process.
• Visiting the White House.  The White House Office of Management and Administration is announcing that it is beginning the process of implementing updates that will improve the White House campus entry process for transgender, gender non-conforming, and non-binary visitors by adding an “X” gender marker option to the White House Worker and Visitor Entry System (WAVES) system. This change will ensure that transgender, non-binary, and gender nonconforming people can visit the People’s House in a manner that respects and affirms their gender identity.

Advancing inclusion and visibility in federal data. In too many critical federal surveys and data systems, transgender, non-binary, and gender non-conforming people are not fully reflected. To improve visibility for transgender Americans, agencies are announcing new actions to expand the collection and use of sexual orientation and gender identity (SOGI) data.

• The White House announced that the President’s proposed Fiscal Year 23 budget includes $10 million in funding for additional critical research on how to best add questions about sexual orientation and gender identity to the Census Bureau’s American Community Survey, one of our nation’s largest and most important surveys of American households. This data collection will help the federal government better serve the LGBTQI+ community by providing valuable information on their jobs, educational attainment, home ownership, and more.
• The Department of Health and Human Services has released the findings of the federal government’s first-ever user research testing conducted with transgender Americans on how they want to see themselves reflected on Federal IDs. This groundbreaking user research by the Collaborating Center for Question Design and Evaluation Research (CCQDER) at the National Center for Health Statistics (NCHS) directly informed the State Department’s adopted definition of the “X” gender marker.
• The Department of Health and Human Services  has released a comprehensive new consensus study on Measuring Sex, Gender Identity, and Sexual Orientation. This work, commissioned by the National Institutes of Health and carried out by the National Academies of Sciences, Engineering, and Medicine, will inform additional data collections and future research in how to best serve LGBTQI+ Americans.

These announcements build on the Biden-Harris Administration’s historic work to advance equality for transgender Americans since taking office, including: Combatting legislative attacks on transgender kids at the state level.

• Condemning anti-transgender bills. The President has consistently made clear that legislative attacks against transgender youth are un-American, and are bullying disguised as legislation. In his March, 2022 State of the Union Address, the President said, “The onslaught of state laws targeting transgender Americans and their families is wrong. As I said last year, especially to our younger transgender Americans, I will always have your back as your President, so you can be yourself and reach your God-given potential.” The White House has also hosted listening sessions with transgender youth and advocates in states across the country that are impacted by anti-transgender legislative attacks.
• Reaffirming that transgender children have the right to access gender-affirming health care. In March, following state actions that aim to target parents and doctors who provide gender-affirming care to transgender children with child abuse investigations, the Department of Health and Human Services took multiple actions to support transgender children in receiving the care they need and promised to use every tool available to protect LGTBQI+ children and support their families.
• Department of Justice statements of interest and amicus briefs. The Department of Justice’s Civil Rights Division has filed Statements of Interest and amicus briefs in several matters to protect the constitutional rights of transgender individuals, including in Brandt v. Rutledge , a lawsuit challenging legislation restricting access to gender-affirming care for transgender youth; B.P.J. v. West Virginia State Board of Education , a lawsuit challenging legislation restricting participation of transgender students in school sports; Corbitt v. Taylor , a lawsuit challenging legislation restricting the ability to change gender markers on state driver’s licenses; and Adams v. School Board of St. John’s County , which involves the right of a transgender boy to use the boys’ restroom at his school.

Advancing civil rights protections for transgender Americans

• Fighting for passage of the Equality Act.  President Biden  continues to call  on the Senate to pass the Equality Act, legislation which will provide long overdue federal civil rights protections to transgender and LGBTQI+ Americans and their families. As the White House has  said , passing the Equality Act is key to addressing the epidemic levels of violence and discrimination that transgender people face. The Administration’s first Statement of Administration Policy was in support of the Equality Act, and the White House has convened national leaders to discuss the importance of the legislation.
• Signing one of the most comprehensive Executive Orders on LGBTQI+ rights in history.  Within hours of taking office, President Biden signed an  Executive Order  which established that it is the official policy of the Biden-Harris Administration to prevent and combat discrimination against LGBTQI+ individuals, and to fully enforce civil rights laws to prevent discrimination on the basis of gender identity or sexual orientation. This Executive Order is one of the most consequential policies for LGBTQI+ Americans ever signed by a U.S. President. As a result of that Order, the Departments of Health and Human Services , Housing and Urban Development , Education , Consumer Financial Protection Bureau , and Justice have announced that they are expanding non-discrimination protections for transgender people in health care, housing, education, credit and lending services, and community safety programs.

Supporting transgender service members and veterans

• Reversing the discriminatory ban on transgender servicemembers.  In his first week in office, President Biden  signed  an Executive Order reversing the ban on openly transgender servicemembers serving in the Armed Forces, enabling all qualified Americans to serve their country in uniform. President Biden believes that an inclusive military strengthens our national security As a result of his Executive Order, the Department of Defense issued new  policies  which prohibit discrimination against transgender servicemembers, provide a path for transgender servicemembers to access gender-affirming medical care, and require that all transgender servicemembers are treated with dignity and respect.
• Supporting transgender veterans. To ensure that transgender veterans are treated with dignity and respect, the Department of Veterans Affairs (VA) launched an  agency-wide review  of its policies and practices to ensure that transgender veterans and employees do not face discrimination on the basis of gender identity or expression. In June, VA also announced that it is beginning the regulatory process to remove restrictions that prevent transgender veterans from accessing the gender-affirming care they need and deserve.

Responding to the crisis of anti-transgender violence and advancing safety

• Establishing a White House-led interagency working group on anti-transgender violence. To address the crisis of anti-transgender stigma and violence, during Pride Month in 2021 the White House established the first Interagency Working Group on Safety, Opportunity, and Inclusion for Transgender and Gender Diverse Individuals. The Working Group is co-led by the White House Domestic Policy Council and Gender Policy Council. To inform the priorities of the Working Group, throughout the fall of 2021 the White House convened 15 historic listening sessions with transgender and gender diverse people, advocates, and civil rights leaders from across the country and around the world, including a White House roundtable with transgender women of color .
• Releasing a White House report uplifting the voices of transgender people on gender-based violence and discrimination. On Transgender Day of Remembrance, the White House released a  report  sharing the perspectives from White House listening sessions, uplifting the voices and advocacy of transgender people throughout the country, and highlighting over 45 key, early actions the Biden-Harris Administration is taking to address the root causes of anti-transgender violence, discrimination, and denial of economic opportunity.
• Department of Justice civil rights enforcement actions. On September 14, 2021, the Department of Justice announced that it was launching a statewide civil investigation into Georgia’s prisons, which includes a focus on sexual abuse of transgender prisoners by other prisoners and staff. The Department of Justice’s Civil Rights Division and U.S. Attorney’s Office for the District of Puerto Rico also obtained a federal indictment charging three men with hate crimes for assaulting a transgender woman because of her gender identity.
• Ensuring non-discrimination protections in community safety programs. The Department of Justice issued a Memorandum from the Assistant Attorney General for Civil Rights regarding the application of Bostock v. Clayton County to the nondiscrimination provisions of the Safe Streets Act, the Juvenile Justice and Delinquency Prevention Act, the Victims of Crime Act, and the Violence Against Women Act to strengthen non-discrimination protections for transgender and LGBTQI+ individuals in key community safety programs.
• Strengthening protections for transgender individuals who are incarcerated. In January 2022 the Bureau of Prisons revised its manual on serving transgender offenders , improving access to gender-affirming care and access to facility placements that align with an inmate’s gender identity.
• Honoring those lost to violence.  The White House and the Second Gentleman of the United States hosted a first of its kind vigil in the Diplomatic Room of the White House to honor the lives of transgender and gender diverse people killed in 2021, and the countless transgender and gender diverse people who face brutal violence, harassment, and discrimination in the United States and around the world. The President also released a statement honoring the transgender people who lost their lives to violence.
• Advancing safety and justice for transgender and Two-Spirit Indigenous people. LGBTQI+ Native Americans and people who identify as transgender or “Two-Spirit” are often the targets of violent crimes. On November 15, 2021, President Biden signed an Executive Order on Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People. The Executive Order directs federal agencies to work hand in hand with Tribal Nations and Tribal partners to build safe and healthy Tribal communities to address the crisis of Missing and Murdered Indigenous People, including LGBTQI+ and “Two-Spirit” Native Americans.

Advancing health equity and expanding access to gender-affirming health care to support transgender patients

• Protecting transgender patients from health care discrimination. The Department of Health and Human Services (HHS) announced that it would interpret and enforce section 1557 of the Affordable Care Act’s prohibition on discrimination on the basis of sex in certain health programs to prohibit discrimination on the basis of gender identity and sexual orientation.
• Advancing gender-affirming care as an essential health benefit.  In 2021, the Centers for Medicare and Medicaid Services (CMS) approved the first ever application from a state to add additional gender-affirming care benefits to a state’s essential health benefit benchmark plan.
• Advancing health equity research on gender-affirming care.  The National Institutes of Health (NIH) announced that it will increase funding for research on gender-affirming procedures to further develop the evidence base for improved standards of care. Research priorities include a more thorough investigation and characterization of the short- and long-term outcomes on physical and mental health associated with gender-affirming care.
• Ending the HIV crisis among transgender and gender diverse communities.  In December, 2021, in recognition of World AIDS Day, the White House Office of National AIDS Policy released a revised National HIV/AIDS Strategy which now identifies transgender and gender diverse communities as a priority population in the federal government’s strategy to end the HIV epidemic.
• Advancing access to gender-affirming care through Ryan White HIV/AIDS Program. The Health Resources and Services Administration announced that it has released a letter encouraging Ryan White HIV/AIDS Program service providers to provide access to gender affirming care and treatment services to transgender and gender diverse individuals with HIV. The letter reaffirms the importance of providing culturally-affirming health care and social services as a key component to improving the lives of transgender people with HIV.
• Ensuring transgender patients can access birth control. In 2021 HHS issued a final rule to strengthen the Title X family planning program, fulfilling the Biden-Harris Administration’s commitment to restore access to equitable, affordable, client-centered, quality family planning services. The rule requires family planning projects to provide inclusive care to LGBTQI+ persons. Additionally, the rule prohibits discrimination against any client based on sex, sexual orientation, gender identity, sex characteristics, or marital status.

Supporting transgender students and their families

• Ensuring educational environments are free from sex discrimination and protecting LGBTQI+ students from sexual harassment.  President Biden signed an  Executive Order  recommitting the Federal Government to guarantee educational environments free from sex discrimination, including discrimination on the basis of sexual orientation or gender identity. The Executive Order charged the Department of Education with reviewing the significant rates at which students who identify as LGBTQ+ are subject to sexual harassment, including sexual violence. The Department of Education has announced that it intends to propose amendments to its Title IX regulations this year.
• Protecting the rights of transgender and gender diverse students. The Department of Education has affirmed that federal civil rights laws protect all students, including transgender and other LGBTQI+ students, from discrimination. The Department published a notice in the Federal Register announcing that it interprets Title IX’s statutory prohibition on sex discrimination as encompassing discrimination based on sexual orientation and gender identity.
• Department of Justice memorandum on Title IX. The Department of Justice issued a memorandum regarding the application of Bostock to Title IX.
• Speaking directly to transgender students. The Department of Justice, Department of Education, and Department of Health and Human Services issued a joint back to school message for transgender youth.
• Outreach and education to transgender and gender diverse students and their families. The Department of Education has published fact sheets and other resources showing the federal government’s support for transgender students, highlighting the ways schools can support students, reminding schools of their duty to investigate and address harassment based on sexual orientation or gender identity, and informing students how they can assert their rights and file complaints.
• Advancing research to address the harms of so-called conversion therapy.  The Substance Abuse and Mental Health Services Administration (SAMHSA) announced that it will update its 2015 publication  Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth  to reflect the latest research and state of the field. 

Promoting fair housing and ending homelessness for transgender Americans

• Advancing fair housing protections on the basis of gender identity. In February 2021 the Department of Housing and Urban Development (HUD) announced that it would administer and enforce the Fair Housing Act to prohibit discrimination on the basis of gender identity and sexual orientation.
• Ensuring safety and access to services for transgender people experiencing homelessness. In April, HUD withdrew the previous administration’s proposed “Shelter Rule,” which would have allowed for federally funded discrimination against transgender people who seek shelter housing. By withdrawing the previous administration’s proposed rule, the agency has restored protections for transgender people to access shelter in line with their gender identity. HUD has also released new tools for recipients to ensure compliance with these requirements in shelters and other facility settings.

Advancing economic opportunity and protections for transgender workers

• Ensuring nondiscrimination protections for transgender and gender diverse workers. In November 2021, the Department of Labor’s Office of Federal Contract Compliance Programs proposed to rescind the agency’s 2020 rule “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” an important step toward protecting workers from discrimination while safeguarding principles of religious freedom.
• Ensuring equal access to the workforce development system. The Department of Labor is enforcing discrimination prohibitions in workforce development programs funded by the Workforce Innovation and Opportunity Act, protecting workers from discrimination based on their gender identity or transgender status.

Advancing gender equity and transgender equality at home and around the world

• Advancing transgender equality in U.S. foreign policy and foreign assistance. In line with the Presidential Memorandum on Advancing the Human Rights of LGBTQI+ Persons Around the World , the United States is making significant investments to uphold dignity, equality and respect for transgender persons globally.  For example, USAID supports the Global Barometer for Transgender Rights and the LGBT Global Acceptance Index which track progress and setbacks to protecting transgender lives around the world.  The Department of Health and Human Services through the United States President’s Emergency Plan for AIDS Relief supports inclusive health care services for transgender individuals, enabling health clinics to provide care to the transgender community. And through the Department of State’s Global Equality Fund , local transgender rights organizations receive support to document human rights violations and provide critical legal assistance to community members.  
• Establishing the White House Gender Policy Council to Advance Gender Equity and Equality.  President Biden signed an  Executive Order  establishing the White House Gender Policy Council to advance gender equity and equality across the whole of the government, including by addressing barriers faced by LGBTQ+ people, in particular transgender women and girls, across our country.  

Supporting transgender leaders and public servants

• Making the Federal government a model employer for transgender public servants. President Biden signed an  Executive Order  which takes historic new steps to ensure the Federal government is a model employer for all employees – including transgender, gender non-conforming, and non-binary employees. The Executive Order charges agencies with building inclusive cultures for transgender employees by: expanding the availability of gender-neutral facilities in Federal buildings; ensuring that employee services support transgender employees who wish to legally, medically or socially transition; advancing the use of non-binary gender markers and pronouns in Federal employment processes; and expanding access to gender-affirming care and inclusive health benefits.
• Appointing historic transgender leaders. The Biden-Harris Administration includes barrier-breaking LGBTQI+ leaders, including Assistant Secretary for Health Dr. Rachel Levine, who is the first openly transgender person ever confirmed by the U.S. Senate. In October, she was also named a four-star admiral in the U.S. Public Health Service Commissioned Corps, becoming the first openly transgender person to hold that rank in any of the country’s uniformed services. Over 14 percent of Biden-Harris Administration appointees identify as LGBTQI+.

Advancing visibility for transgender Americans

• Issuing the First White House Proclamation for Transgender Day of Visibility.  On March 31, 2021 President Biden became the first U.S. President to issue a  proclamation  commemorating Transgender Day of Visibility.  
• Hosting a White House Virtual Convening on Transgender Equality.  In June, White House Press Secretary Jen Psaki hosted a first-of-its-kind  national conversation  on equality for transgender, gender non-conforming, and non-binary Americans.
• Releasing a toolkit on equality and inclusion for transgender Americans.  The White House released a new  toolkit  with best practices for advancing inclusion, opportunity, and safety for transgender Americans.
• Establishing a National Pulse Memorial. On June 25, 2021, President Biden signed H.R. 49 into law to designate the National Pulse Memorial. As the President acknowledged in his statement on the fifth anniversary of the Pulse nightclub shooting, we must acknowledge gun violence’s particular impact on LGBTQ+ communities across our nation, and we must drive out hate and inequities that contribute to the epidemic of violence and murder against transgender women – especially transgender women of color. As the President has said, Pulse Nightclub is hallowed ground.

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House Passes The Equality Act: Here's What It Would Do

Danielle Kurtzleben

Protesters gather outside the Supreme Court in Washington where the Court on Oct. 8, 2019, as the court heard arguments in the first case of LGBT rights since the retirement of Supreme Court Justice Anthony Kennedy. Susan Walsh/AP hide caption

Protesters gather outside the Supreme Court in Washington where the Court on Oct. 8, 2019, as the court heard arguments in the first case of LGBT rights since the retirement of Supreme Court Justice Anthony Kennedy.

Updated Feb. 25, 4:39 p.m. ET

The House of Representatives voted on Thursday to pass the Equality Act, a bill that would ban discrimination against people based on sexual orientation and gender identity. It would also substantially expand the areas to which those discrimination protections apply.

It's a bill that President Biden said on the campaign trail would be one of his top legislative priorities for the first 100 days of his presidency. The House vote was largely along party lines, passing with the support of all Democrats and just three Republicans. The bill now goes to the Senate, where its fate is unclear.

When House Democrats introduced the bill last week, Biden reiterated his support in a statement: "I urge Congress to swiftly pass this historic legislation," he wrote. "Every person should be treated with dignity and respect, and this bill represents a critical step toward ensuring that America lives up to our foundational values of equality and freedom for all."

But it's also controversial — while the Equality Act has broad support among Democrats, many Republicans oppose it, fearing that it would infringe upon religious objections.

Here's a quick rundown of what the bill would do, and what chance it has of becoming law.

What would the Equality Act do?

The Equality Act would amend the 1964 Civil Rights Act to explicitly prevent discrimination based on sexual orientation and gender identity.

The bill has been introduced multiple times before and previously passed the House in 2019. However, the law's impact would be different in practical terms now than it was then.

That's because the Supreme Court ruled in June of last year , in Bostock v. Clayton County , that the protections guaranteed by the 1964 Civil Rights Act on the basis of sex also extend to discrimination against lesbian, gay, and transgender Americans. The logic was that a man who, for example, loses his job because he has a same-sex partner is facing discrimination on the basis of sex — that, were he a woman, he wouldn't have faced that discrimination.

Supreme Court Delivers Major Victory To LGBTQ Employees

This act would explicitly enshrine those nondiscrimination protections into law for sexual orientation and gender identity, rather than those protections being looped in under the umbrella of "sex." However, the Equality Act would also substantially expand those protections.

The Civil Rights Act covered discrimination in certain areas, like employment and housing. The Equality Act would expand that to cover federally funded programs, as well as "public accommodations" — a broad category including retail stores and stadiums, for example.

("Public accommodations" is also a category that the bill broadens, to include online retailers and transportation providers, for example. Because of that, many types of discrimination the Civil Rights Act currently prohibits — like racial or religious discrimination — would now also be explicitly covered at those types of establishments.)

One upshot of all of this, then, is that the Equality Act would affect businesses like flower shops and bakeries that have been at the center of discrimination court cases in recent years — for example, a baker who doesn't want to provide a cake for a same-sex wedding .

In Narrow Opinion, Supreme Court Rules For Baker In Gay-Rights Case

Importantly, the bill also explicitly says that it trumps the Religious Freedom Restoration Act (commonly known by its acronym RFRA). The law, passed in 1993, set a higher bar for the government to defend laws if people argued those laws infringed upon religious freedom.

Under the Equality Act, an entity couldn't use RFRA to challenge the act's provisions, nor could it use RFRA as a defense to a claim made under the act.

What proponents say

Supporters say that the Equality Act simply extends basic, broadly accepted tenets of the Civil Rights Act to classes of people that the bill doesn't explicitly protect.

"Just as [a business] would not be able to turn away somebody for any other prohibited reason in the law, they would not be able to do that for LGBTQ people either. And we think that's a really important principle to maintain," said Ian Thompson, senior legislative representative at the ACLU.

The bill also would be national, covering states that do not have LGBTQ anti-discrimination laws. According to the Human Rights Campaign, an LGBTQ advocacy organization, 27 states do not have those laws.

Supporters additionally say the bill would cement protections that could otherwise be left up to interpretation.

Biden Signs Most Far-Reaching Federal Protections For LGBTQ People Yet

"President Biden issued an executive order directing agencies to appropriately interpret the Bostock ruling to apply not just to employment discrimination, but to other areas of law where sex discrimination is prohibited, including education, housing, and health care," the Human Rights Campaign wrote in support of the bill . "However, a future administration may refuse to interpret the law this way, leaving these protections vulnerable."

And with regard to RFRA, proponents argue that the bill would keep entities from using that law as a "license to discriminate," wording echoed by Human Rights Watch and many other Equality Act supporters.

What opponents say

The question of religious freedom is the main issue animating people against the Equality Act.

Douglas Laycock, a law professor at the University of Virginia, has criticized the Equality Act since its 2019 introduction. He told NPR in an email that the law is "less necessary" now, after the Bostock decision.

Furthermore, while he supports adding sexual orientation and gender identity to federal anti-discrimination statutes, Laycock believes that this bill goes too far in limiting people's ability to defend themselves against discrimination claims.

"It protects the rights of one side, but attempts to destroy the rights of the other side," he said. "We ought to protect the liberty of both sides to live their own lives by their own identities and their own values."

How The Fight For Religious Freedom Has Fallen Victim To The Culture Wars

Another key fear among opponents of the Equality Act is that it would threaten businesses or organizations that have religious objections to serving LGBTQ people, forcing them to choose between operating or following their beliefs.

Could it pass?

The Democratic-led House passed the Equality Act in 2019 with unanimous support from Democrats (as well as support from eight Republicans), and it passed in similar fashion in the current Democratic House.

The Senate is more uncertain. Democrats in the Senate broadly support the bill. Sens. Kyrsten Sinema of Arizona and Joe Manchin of West Virginia, among the most moderate Democratic senators, signed a letter in support of it last year .

But the bill would need 60 votes to avoid a filibuster in the Senate. Maine Republican Sen. Susan Collins cosponsored the bill in 2019, but not all of her fellow, more moderate Republicans are on board. Utah Sen. Mitt Romney, for example, told the Washington Blade that he won't support the act, citing religious liberty.

"Sen. Romney believes that strong religious liberty protections are essential to any legislation on this issue, and since those provisions are absent from this particular bill, he is not able to support it," his spokesperson told the Blade.

It's uncertain how other moderate Republicans might vote. Alaska Sen. Lisa Murkowski, who supported the narrower Employment Nondiscrimination Act (ENDA) in 2013, has yet to respond to NPR's questions about her support of the Equality Act.

And while Ohio Sen. Rob Portman, who likewise supported ENDA, didn't give a definitive answer on his support, his response made it clear that he could object to it on religious grounds.

"Rob opposes discrimination of any kind, and he also believes that it's important that Congress does not undermine protections for religious freedom," his office said in a statement. "He will review any legislation when and if it comes up for a vote in the Senate."

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• Society and culture
• Equality, rights and citizenship

Equality Act 2010: guidance

Information and guidance on the Equality Act 2010, including age discrimination and public sector Equality Duty.

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.

It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.

Find out more about who is protected from discrimination, the types of discrimination under the law and what action you can take if you feel you’ve been unfairly discriminated against.

Discrimination: making a complaint

Before the Act came into force there were several pieces of legislation to cover discrimination, including:

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995

If you wish to complain about possible unlawful treatment there are 2 separate processes, depending on when it happened.

Complaints: before October 2010

If you were subjected to unlawful treatment (eg discrimination, harassment or victimisation) before 1 October 2010, the Equality Act won’t apply. Instead, you’ll be covered by the legislation that was in force at the time.

For example, if you experienced race discrimination on 30 September 2010 and want to make a complaint or bring legal proceedings, the Race Relations Act 1976 will apply, not the Equality Act.

This is also true of any legal proceedings. They will go ahead according to the legislation under which they were brought, even if they may have continued after 1 October 2010.

• Questionnaires and guidance booklets for complaints under previous legislation

Complaints: after October 2010

If you were subject to unlawful treatment on or after 1 October 2010, the Equality Act applies.

For example, if you experienced sex discrimination on 30 September 2010, which continued until 2 October 2010, the Equality Act will apply, not the Sex Discrimination Act.

Find out more about how to complain about unlawful treatment in the Discrimination: your rights guide.

Equality Act provisions: commencement dates

To allow people and organisations enough time to prepare for the new laws, the provisions of the Act were brought in at different times (known as commencement dates).

October 2010

Equality Act provisions which came into force on 1 October 2010:

• the basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions, premi, work, education, associations and transport
• changing the definition of gender reassignment, by removing the requirement for medical supervision
• providing protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic
• clearer protection for breastfeeding mothers
• applying a uniform definition of indirect discrimination to all protected characteristics
• harmonising provisions allowing voluntary positive action

Provisions relating to disability

• extending protection against indirect discrimination to disability
• introducing the concept of “discrimination arising from disability” to replace protection under previous legislation lost as a result of a legal judgment
• applying the detriment model to victimisation protection (aligning with the approach in employment law)
• harmonising the thresholds for the duty to make reasonable adjustments for disabled people
• extending protection against harassment of employees by third parties to all protected characteristics
• making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health

Provisions relating to work

• allowing claims for direct gender pay discrimination where there is no actual comparator
• making pay secrecy clauses unenforceable
• extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment
• introducing new powers for employment tribunals to make recommendations which benefit the wider workforce

Equality Act provisions which came into force in April 2011:

• positive action - recruitment and promotion
• public sector Equality Duty (see section below)

Ministers are considering how to implement the remaining provisions in the best way for business and for others with rights and responsibilities under the act. Their decisions will be announced in due course.

Equality Act Provisions that the government has decided not to take forward:

• public sector duty regarding socio-economic inequalities
• combined discrimination - dual characteristics

Age discrimination

The Equality Act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. The ban came into force on 1 October 2012 and it is now unlawful to discriminate on the basis of age unless:

• the practice is covered by an exception from the ban
• good reason can be shown for the differential treatment (‘objective justification’)

The ban on age discrimination is designed to ensure that the new law prohibits only harmful treatment that results in genuinely unfair discrimination because of age. It does not outlaw the many instances of different treatment that are justifiable or beneficial.

You can read the original consultation on the archived Government Equalities Office website.

There is an overview of how the ban works and tailored guides for small businesses, private clubs and the holiday sector in the Equality Act guidance.

Age discrimination: exceptions

The government response to the consultation includes the draft Exceptions Order. You can also read the impact assessment .

Exceptions under the Order are:

• age-based concessions
• age-related holidays
• age verification
• clubs and associations concessions
• financial services
• immigration
• residential park homes

These specific exceptions are in addition to:

• general exceptions already allowed by the Act
• positive action measures
• ‘objective justification’

There are no specific exceptions to the ban on age discrimination for health or social care services. This means that any age-based practices by the NHS and social care organisations need to be objectively justified, if challenged.

Public sector Equality Duty

The public sector Equality Duty came into force across Great Britain on 5 April 2011. It means that public bodies have to consider all individuals when carrying out their day-to-day work – in shaping policy, in delivering services and in relation to their own employees.

It also requires that public bodies have due regard to the need to:

• eliminate discrimination
• advance equality of opportunity
• foster good relations between different people when carrying out their activities

Who the Equality Duty applies to

The Equality Duty applies across Great Britain to the public bodies listed in Schedule 19 (as amended) , and to any other organisation when it is carrying out a public function.

Specific duties

The Equality Act 2010 (Specific Duties) Regulations 2011 came into force on 10 September 2011.

The specific duties require public bodies to publish relevant, proportionate information showing compliance with the Equality Duty, and to set equality objectives.

Guidance for public bodies

The Government Equalities Office has published 2 quick-start guides to help public bodies understand the Equality Duty and the specific duties:

• Quick start guide: public sector Equality Duty
• Quick start guide: Specific duties

The Equality and Human Rights Commission is the statutory body established to help eliminate discrimination and reduce inequality. The Commission has published new non-statutory guidance on:

• The essential guide to the public sector Equality Duty
• Meeting the Equality Duty in policy and decision-making
• Engagement and the Equality Duty
• Equality objectives and the Equality Duty
• Equality information and the Equality Duty
• Technical guidance on the public sector Equality Duty - England

Section 153 of the act enables the Welsh and Scottish ministers to impose specific duties on certain Welsh and Scottish public bodies through secondary legislation. For Welsh and cross-border Welsh public bodies, specific duties have been finalised by the Welsh Assembly government and came into force on 6 April 2011.

The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011

For Scottish public bodies, the Scottish government launched a consultation on revised draft Regulations for specific duties on 9 September 2011. The consultation closed on 25 November 2011.

More information from the Scottish Government

Guidance on the Equality Duty specific to Wales and Scotland is available from the Equality and Human Rights Commission .

Equalities Act 2010: legislation

Equality Act 2010 on the legislation.gov.uk website

Explanatory notes on the legislation.gov.uk website

Legislation repealed or revoked by the Equality Act

A list of all legislation that was repealed or revoked on 1 October 2010 is available in Schedule 27 to the act.

Equality Act Statutory Instruments

Statutory Instruments made under the act are available:

• all UK Statutory Instruments related to the Equality Act on the legislation.gov.uk website
• all Welsh Statutory Instruments related to the Equality Act on the legislation.gov.uk website
• all Scottish Statutory Instruments related to the Equality Act on the legislation.gov.uk website

Guidance on the Equality Act

We have produced a series of guides outlining the key changes in the law made by the act .

To sign up to receive email updates of the work of the Government Equalities Office please contact [email protected] .

Removed links to set of forms and guidance which are no longer in use.

First published.

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Check if you've experienced discrimination

This advice applies to England. See advice for See advice for Northern Ireland , See advice for Scotland , See advice for Wales

If you’ve been treated unfairly or harassed, might have experienced ‘unlawful discrimination’ - this means the discrimination is against the law.

If you want to take action about discrimination, you need to check if what happened is covered by the Equality Act 2010. This is the law that stops employers, businesses and service providers discriminating against you.

There are 3 things you need to check:

You were discriminated against because of something about you like your age or race - these things are called ‘protected characteristics’

The person or organisation that treated you unfairly has a duty not to discriminate against you

What happened meets the definition of a type of discrimination described in the Equality Act

If you work out that you haven’t experienced discrimination under the Equality Act, you might still be able to take action using different laws.

1. Check if it was because of a protected characteristic

It’s unlawful to discriminate against you because of one or more of the 9 protected characteristics.

If you weren’t discriminated against because of a protected characteristic, it’s not discrimination under the Equality Act.

The 9 protected characteristics are:

You must not usually be discriminated against because of:

how old you are 

an age group you’re in - for example young people, millennials or over-60s 

However, sometimes businesses and service providers are allowed to treat you differently because of your age. For example, banks are allowed to set age limits on mortgage lending.

You can check when businesses or services can discriminate against you because of your age .

If you are disabled or have a long-term health condition, you’re protected from discrimination if your impairment meets the Equality Act’s definition of disability.

The Equality Act says you’re disabled if:

you have a physical or mental impairment

the impairment has a substantial and long-term effect on your everyday activities

If you want to make a disability discrimination claim, you’ll need to show your impairment meets the Equality Act’s definition of disability.

Some conditions are automatically treated as a disability under the Equality Act, including cancer and HIV.

Check how to  show you’re disabled under the Equality Act .

Gender reassignment - this means if you're transgender

If you’re transgender, you have the protected characteristic of ‘gender reassignment’.

Gender reassignment means you:

are planning to transition from the sex you were assigned at birth to a different sex

are in the process of transitioning 

have already transitioned

Transitioning could include things like changing your name, pronouns or the way you dress - you don’t need to have had medical treatment.

The Equality Act is from 2010 and it doesn’t reflect the language lots of people use to describe their gender or their transition.

If you’re non-binary

The Equality Act says you only have the protected characteristic of gender reassignment if you’re transitioning from one sex to another. It doesn’t mention non-binary people. 

In 2020, a non-binary person successfully argued they had the protected characteristic of gender reassignment at an employment tribunal. 

The judge at the tribunal said the characteristic should include people transitioning away from their assigned sex - even if they aren’t going to transition to a different sex.

Other courts don’t have to follow this decision. This means if you take legal action about discrimination, the judge might decide you don’t have the protected characteristic of gender reassignment.

If you want to make a complaint or legal claim about discrimination, it’s still worth referencing this case. 

The name of the case is Ms R Taylor v Jaguar Land Rover Ltd. You can read the full employment tribunal decision on GOV.UK . The judge’s decision about non-binary people is in paragraph 178 of the 'Reasons' document.

Marriage and civil partnership

Your employer must not discriminate against you because you’re married or in a civil partnership.

Work is the only place you’re protected from discrimination because of marriage or civil partnership.

If you’ve separated from your partner, you’re still protected until you legally end your marriage or civil partnership.

If you’re not married or in a civil partnership, you don’t have this protected characteristic - for example, if you’re in an unmarried relationship or you’re divorced.

Since Nisha got married, her manager has stopped giving her weekend shifts and won’t let her do overtime. Her manager said other members of staff need the extra shifts more and her husband should be supporting her financially. This is discrimination because of marriage.

Pregnancy and maternity

You’re protected from maternity and pregnancy discrimination while you’re pregnant. The protection starts as soon as your pregnancy begins.

At work, your protection ends either:

when your maternity leave ends - if you’re entitled to it

2 weeks after your baby is born - if you’re not entitled to maternity leave

Your employer also can’t discriminate against you because you’re planning to take maternity leave, or because you took it in the past. Check your rights while you’re on maternity leave .

Outside of work, your protection ends 26 weeks after your baby is born.

After the protected period ends

If you experience discrimination after you stop being protected from pregnancy discrimination, you might be able to claim sex discrimination.

You must not be discriminated against because of your race. 

The Equality Act says race includes your:

nationality

ethnic or national origins

It can also include other things related to race - like how you talk, the clothes you wear or your hairstyle.

Nationality

Your nationality is the country where you have citizenship. You might be a citizen of more than one country - for example, you could have British and Armenian dual citizenship. 

Ethnic and national origins

Ethnic and national origins can include lots of different things like:

the country or region where you were born or grew up

where your parents or other family members came from

the ethnic group you belong to - for example, if you’re Caribbean, Jewish or Irish Traveller

It’s still race discrimination even if the discrimination isn’t about your actual ethnic or national origins. For example, it’s race discrimination if you’re Bangladeshi and someone uses anti-Pakistani slurs against you.

Religion or belief

You must not be discriminated against if you belong to an organised religion - for example, if you’re Muslim, Hindu or Buddhist. This includes smaller religions like Rastafarianism or Paganism.

You also must not be discriminated against for belonging to a specific denomination or sect - for example if you’re Jewish and you’re Orthodox or Liberal.

Your religious beliefs are also protected. For example if you’re Christian, you must not be discriminated against for believing in creationism.

You’re also protected if you don’t have any religion or religious beliefs. For example, you mustn’t be discriminated against for being an atheist. 

Philosophical beliefs

You must not be discriminated against for your philosophical beliefs. It’s up to a court or tribunal to decide what counts as a philosophical belief. 

If you want to show your beliefs are philosophical, you need to show:

you genuinely hold the belief

it’s a moral, ethical, personal or philosophical belief - not an opinion based on facts 

it’s about an important aspect of human life and behaviour

it’s serious and important

it’s worthy of respect in a democratic society and compatible with human dignity

Some things courts have decided are philosophical beliefs include:

belief in climate change

anti-fox hunting beliefs

Some things that courts have decided are not philosophical beliefs include:

believing the Holocaust didn’t happen

being a member of a political party

You must not be discriminated against because of your sex. The Equality Act says your sex means if you’re a man or a woman.

If you’re transgender

Legally, your sex is the sex registered on your birth certificate. 

You can change the sex on your birth certificate if you have a gender recognition certificate. 

Non-binary is not legally recognised as a sex in the UK.

If you’re intersex

Your sex must still be registered as male or female on your birth certificate. Intersex people are not legally recognised in the UK and intersex is not a protected characteristic under the Equality Act. You can get advice and community support for intersex people on the ICON website .

The Equality Act defines your sexuality as your sexual orientation to men, women or both. 

You must not be discriminated against because you’re lesbian, gay, bisexual or straight. 

If you’re not lesbian, gay, bisexual or straight

The Equality Act is from 2010 and it doesn’t reflect the language lots of people use to describe their sexual orientation. 

If your orientation isn’t covered by the Equality Act, you might still be protected. For example if you’re pansexual, you might be able to claim protection as a bisexual.

If you’re asexual, you’re not currently protected from discrimination as an asexual. However, you might still be protected as lesbian, gay, bisexual or straight - for example if you’re asexual and you’re in a relationship.

If someone discriminates against you because they think you have a protected characteristic

If someone discriminates against you because of a protected characteristic, it might still be discrimination even if you don’t have the characteristic. This is called ‘discrimination by perception’. 

For example, it’s discrimination by perception if a pub refused to serve you and your friend because they thought you were a gay couple, even though you’re not. 

It can be discrimination by perception even if the person knows you don’t have the protected characteristic. For example, it’s discrimination by perception if your colleagues are harassing you by making jokes about you being gay - even though they know you’re not.

Discrimination by perception applies to all protected characteristics except:

pregnancy and maternity

marriage and civil partnerships

This means it’s not discrimination if someone treats you unfairly because they mistakenly think you’re pregnant, married or in a civil partnership.

If someone discriminates against you because of someone else’s protected characteristic

It might still be discrimination - for example, if a social worker treats you unfairly because of your wife and child’s ethnicity. This is called ‘discrimination by association’. 

Discrimination by association applies to all protected characteristics except:

This means it’s not discrimination if someone treats you unfairly because you’re associated with someone who is pregnant, married or in a civil partnership.

2. Check if the person or organisation that treated you unfairly is legally responsible for discrimination

The Equality Act protects you from discrimination in the following contexts:

work - for example your employer or employment agency

education - for example your school, college or university

businesses or service provision - like a shop or a train company

health or care provision - like a hospital or care home

housing provision - like a landlord or estate agent

public service provision - for example the police or your local council

clubs and associations - like a sports club

If someone who works for one of these organisations discriminates against you, the organisation is also responsible for the discrimination. This is called ‘vicarious liability’. For example if your colleague discriminates against you, your colleague and your employer are both legally responsible. 

If a customer or service user discriminates against you

It isn’t usually covered by the Equality Act - unless the business or service could have stopped it happening. For example, it might be unlawful discrimination if someone at your local leisure centre regularly harasses you and the staff don’t do anything to stop it - even though you keep complaining.

3. Check if what happened is a type of discrimination under the Equality Act

The Equality Act describes what sorts of behaviour count as different types of discrimination.

The types of discrimination include direct discrimination, indirect discrimination and harassment.

You need to check if what you experienced counts as one or more of these types of discrimination.

Check what type of discrimination you experienced .

If you’ve experienced unlawful discrimination under the Equality Act

There are things you can do if you’ve experienced discrimination under the Equality Act. Discrimination isn’t a criminal offence - this means you can’t ask the police to investigate it. You’ll need to take action yourself.

You should follow these steps:

Complain to the person or organisation - for example by following their formal complaints procedure

Check if you can get help to solve the problem - for example through mediation or an ombudsman

Take the person or organisation to court - if you can’t solve the problem without going to court

Before you take action about discrimination, you need to decide what outcome you want and the best way to achieve it. Check how to take action about discrimination .

There are time limits for taking legal action about discrimination. If you need to go to court, it’s important to act quickly - the time limits can be as little as 3 months from the date you experienced discrimination. Check what the time limits are .

If what you experienced wasn’t discrimination

You can’t take action using the Equality Act. Check if you have a different type of legal complaint or if you can solve the problem another way. 

check if it was a hate crime

check if it was criminal harassment  

If you’re not sure if you’ve experienced discrimination

You can talk to an adviser. They can’t tell you if you’ve definitely experienced unlawful discrimination, but they can help you work out if your situation might be covered by the Equality Act. 

If they think your situation is covered, you can decide if you want to take action.

You can talk to a Citizens Advice adviser .

You can also contact an Equality Advisory Support Service adviser .

If you’re finding things difficult

Discrimination can have a big impact on your mental health. You should talk to your GP if you’re feeling depressed or anxious. 

You can find other ways to get help with your mental health on the Mind website .

If you need to speak to someone 

You can speak to a trained volunteer at organisations like Samaritans or Shout.

Helpline: 116 123 (Monday to Sunday at any time)

Welsh Language Line: 0808 164 0123 (Monday to Sunday 7pm to 11pm)

Calls to Samaritans are free.

You can find other ways to get in touch with Samaritans on their website .

You can also text 'SHOUT' to 85258 to start a conversation with a trained Shout volunteer. Texts are free, anonymous and confidential from anywhere in the UK.

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A decision to undertake gender reassignment is made when an individual feels that his or her gender at birth does not match their gender identity. This is called ‘gender dysphoria’ and is a recognised medical condition.

Gender reassignment refers to individuals, whether staff, who either:

• Have undergone, intend to undergo or are currently undergoing gender reassignment (medical and surgical treatment to alter the body).
• Do not intend to undergo medical treatment but wish to live permanently in a different gender from their gender at birth.

‘Transition’ refers to the process and/or the period of time during which gender reassignment occurs (with or without medical intervention).

Not all people who undertake gender reassignment decide to undergo medical or surgical treatment to alter the body. However, some do and this process may take several years. Additionally, there is a process by which a person can obtain a Gender Recognition Certificate , which changes their legal gender.

People who have undertaken gender reassignment are sometimes referred to as Transgender or Trans (see glossary ).

Transgender and sexual orientation

It should be noted that sexual orientation and transgender are not inter-related. It is incorrect to assume that someone who undertakes gender reassignment is lesbian or gay or that his or her sexual orientation will change after gender reassignment. However, historically the campaigns advocating equality for both transgender and lesbian, gay and bisexual communities have often been associated with each other. As a result, the University's staff and student support networks have established diversity networks that include both Sexual Orientation and Transgender groups.

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Equality Act

This Act is a comprehensive act that replaced several pieces of legislation, including the Sex Discrimination Act of 1975. In general, The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society, and provides equality provisions, including the following:

• the basic framework of protection against direct and indirect discrimination, harassment and victimization in services and public functions, work, education, associations and transport
• changing the definition of gender reassignment, by removing the requirement for medical supervision
• protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic
• clearer protection for breastfeeding mothers
• applying a uniform definition of indirect discrimination to all protected characteristics
• harmonizing provisions allowing voluntary positive action
• allowing claims for direct gender pay discrimination where there is no actual comparator
• making pay secrecy clauses unenforceable
• extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment
• introducing new powers for employment tribunals to make recommendations that benefit the wider workforce
• Employment discrimination
• Gender discrimination
• Sexual harassment
• United Kingdom and Northern Ireland
• trans rights
• transgender
• maternity discrimination
• pregnancy discrimination
• right to education
• government responsibility

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• Legislation

Avon Center work product 

Tories to amend Equality Act to make ‘biological sex’ protected characteristic

The Conservatives have pledged to change the Equality Act to define the protected characteristic of sex as “biological sex”.

They claim the change will make it simpler for service providers for women and girls, such as those running sessions for domestic abuse victims, to prevent biological males from taking part.

The Tories say that Labour’s Equality Act has not kept pace with evolving interpretations and is not sufficiently clear on when it means sex and when it means gender.

The Conservatives believe that making this change in law will enhance protections in a way that respects the privacy and dignity of everyone in society

The party says the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.

The sex of those with a Gender Recognition Certificate will still align with their acquired gender in law outside the Equality Act, for example marriage law, as is the status quo.

Under the new scheme the Conservatives will also establish in law that gender recognition is a reserved matter, with women and equalities minister Kemi Badenoch saying, “it is impracticable for gender recognition regimes to vary in different parts of the country”.

Prime Minister Rishi Sunak said: “The safety of women and girls is too important to allow the current confusion around definitions of sex and gender to persist.

“The Conservatives believe that making this change in law will enhance protections in a way that respects the privacy and dignity of everyone in society.

“We are taking an evidence-led approach to this issue so we can continue to build a secure future for everyone across the whole country.”

Last year Ms Badenoch wrote to the Equality and Human Rights Commission (EHRC) seeking further guidance on the issue.

She said public bodies are acting out of “fear of being accused of transphobia”.

The minister said: “Whether it is rapists being housed in women’s prisons, or instances of men playing in women’s sports where they have an unfair advantage, it is clear that public authorities and regulatory bodies are confused about what the law says on sex and gender and when to act – often for fear of being accused of transphobia, or not being inclusive.

“That is why we are today pledging that, if we form a government after the election, we will clarify that sex in the law means biological sex and not new, redefined meanings of the word.”

Writing in The Times, Ms Badenoch gave further detail on what the proposed changes would mean, and attacked Labour leader Sir Keir Starmer for going “round in circles” on the issue.

The women and equalities minister also attacked “activist organisations” such as Stonewall for exploiting loopholes in the law “for their own agenda”.

She wrote: “Clarification is required. Not just to protect the privacy and dignity of women and girls, but also … transpeople who were going about their lives in peace, until predators started exploiting loopholes in the law by calling themselves trans with no evidence beyond their self-identification.”

In her article Ms Badenoch also revealed that a future Tory government would legislate to strip the Scottish Parliament of its powers to legislate on issues surrounding gender recognition.

The Gender Recognition Bill was passed in the Scottish Parliament in 2022 and would have made it easier for transgender people in Scotland to get gender recognition certificates.

The Bill was prevented from proceeding to royal assent by an order under Section 35 of the Scotland Act 1998, made by the then secretary of state for Scotland, Alister Jack.

There are numerous examples of Keir Starmer going round in circles on this issue. And many more of mostly Labour politicians smearing those with concerns as 'transphobic' or 'far-right', dismissing the issue as mere 'culture wars'

In December, the Court of Session ruled the action was lawful, despite a Scottish Government challenge.

Ms Badenoch wrote: “We are one United Kingdom and it is impracticable for gender recognition regimes to vary in different parts of the country. So, we will also legislate to establish that gender recognition is a reserved matter.

“On fundamental matters of personal identity there should be one approach throughout the United Kingdom.”

Ms Badenoch criticised the Labour leader, writing: “There are numerous examples of Keir Starmer going round in circles on this issue.

“And many more of mostly Labour politicians smearing those with concerns as ‘transphobic’ or ‘far-right’, dismissing the issue as mere ‘culture wars’.

“They then bizarrely claim that the government should stick to talking about the economy and the NHS, as if we should not be capable of solving multiple things at once.”

She added: “A future Conservative government will take bold action and introduce primary legislation to clarify that the protected characteristic of sex in the Equality Act means biological sex.

“Our legislation will mean that for the purposes of the Equality Act, the provision in the Gender Recognition Act recognising legal sex will be disapplied.”

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Tories pledge to make ‘biological sex’ protected characteristic as Labour focuses on defence

• General Election 2024
• Conservative Party
• Monday 3 June 2024 at 7:11pm

ITV News' Political team brings you all the updates out on the road from the campaign trail, as the countdown to the General Election enters its second week

The Conservatives have pledged to change the Equality Act to define the protected characteristic of sex as “biological sex” and clear up "confusion" among public bodies.

Claiming that Labour's Equality Act has not kept pace with evolving interpretations and is not sufficiently clear on when it means sex and when it means gender, they have stated the law needs changing to protect people.

They claim the change will make it simpler for service providers for women and girls, such as those running sessions for domestic abuse victims, to prevent biological males from taking part.

The party says the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.

People with a Gender Recognition Certificate will still be recognised as their acquired gender in law outside the Equality Act , for example in marriage law, as is the status quo.

Rishi Sunak denied stoking "phony culture wars" with his pledge on equality laws after being criticised by opposition parties.

Asked about the accusations, Sunak told broadcasters: “No. It builds on our track record of treating these issues sensitively and with compassion, as of course we should, but ensuring that our laws are right, our guidance is right to protect the safety and security of women and girls and the wellbeing of our children.

“And I think that’s paramount in all of our minds.”

Under the new scheme, the Conservatives will also establish in law that gender recognition is a reserved matter, as they say “this will mean that an individual can only have one sex in the eyes of the law in the United Kingdom”.

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Minister for Women and Equalities Kemi Badenoch said the Conservatives are seeking to clarify the Equality Act, not change it.

Speaking to Sky News, she said: “This is a clarification in the law, it is not as many people assume, a change. It is re-emphasising what should be the status quo."

Asked why she didn’t bring this forward before the General Election, Ms Badenoch said she had been working on the policy, adding: “The biggest reason is because of what Scotland was doing with its Gender Recognition Bill .”

Writing in The Times newspaper, she also said that a Tory government would legislate to strip the Scottish Parliament of its powers to legislate on issues surrounding gender recognition.

It comes off the back of the Gender Recognition Bill being passed by Scottish Parliament in 2022, which would have made it easier for transgender people to get gender recognition certificates.

The Bill was prevented from proceeding to royal assent by an order under Section 35 of the Scotland Act 1998, made by the then Secretary of State for Scotland, Alister Jack.

In December, the Court of Session ruled the action was lawful, despite a Scottish Government challenge.

Ms Badenoch also said that transgender athletes would not be “stopped from competing” in sports but will in some cases compete alongside their biological sex.

Speaking to LBC, she added that “changing your clothes doesn’t change who you are” and said the Conservative party is seeking to protect transgender people.

Labour focuses on defence

Meanwhile Sir Keir Starmer will pitch Labour as the “party of national security” as he seeks to switch attention to defence.

The Labour leader is expected to meet forces veterans and a group of his party’s candidates when he campaigns in the north west of England on Monday.

As part of his defence pitch, Sir Keir will reaffirm his commitment to a “nuclear deterrent triple lock” as well as his ambition to increase defence spending to 2.5% of gross domestic product (GDP), a measure of the size of the economy.

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Mr Sunak has made clear he wants to meet the 2.5% target by 2030 although Labour has so far declined to outline its timeline, only noting it would do so when economic conditions allow.

Sir Keir has been attempting to shift perceptions of Labour’s defence stance following the party’s time under the leadership of Jeremy Corbyn, a long-standing critic of Nato and Trident.

The Labour leader said national security "will always come first in the changed Labour Party" he leads.

“Keeping our country safe is the bedrock of stability that the British people rightly expect from their government.

“My message to them is clear: Labour has changed. No longer the party of protest, Labour is the party of national security."

Legal advice on UK arms sales to Israel would be reviewed under a Labour government, Sir Keir has also suggested.

More than 100 artists and celebrities have called on the Labour leader to revoke UK export licences to Israel if his party wins the election.

The UK government has resisted pressure to halt the licences in recent months, amid concerns that Israel could be in breach of international humanitarian law as the conflict in Gaza continues.

Deputy foreign secretary Andrew Mitchell has previously said UK companies provide an estimated 0.02% of Israel’s overall arms imports.

Answering media questions at a campaign event at the Fusilier Museum in Bury, Sir Keir said: “It is for the government obviously to review the licences. They do it one by one. They have got legal advice.

"We’ve been pressing them to disclose that legal advice. And I still press them to disclose that legal advice. Obviously, if we’re privileged to come in to power, we’ll be able to see that advice or commission our own.

“But look, I will just add this, that the Rafah offensive should not go ahead. And that I think our government should follow the US lead on this in relation to arms sales and review the licences to see whether any of them would be or are being used in the Rafah offensive.”

He said his “number one priority is to ensure we get a ceasefire” in the Israel-Hamas war.

Sir Keir will be hoping to be able to avoid questions on Diane Abbott, after she announced that she will be standing for the party in Hackney North and Stoke Newington.

Ms Abbott wrote on X that she intends “to run and to win as Labour’s candidate” , as she dispelled rumours that she had been offered a peerage in return for stepping down.

The lack of clarity over whether Ms Abbott would be allowed to stand for the party after she had the whip reinstated last week dominated the Labour campaign, despite their desperate efforts to stay on message.

Liberal Democrats focus on the environment

The Liberal Democrats will seek to prevent damage closer to home, as they call for new protections for rivers and coastlines to end “environmental vandalism”.

The party has announced an expansion of marine protected areas and a new Blue Flag status for rivers will be included in its General Election manifesto.

Lib Dem leader Sir Ed Davey said: “Our precious rivers and coastlines have been destroyed after years of a Conservative Government letting water firms get away with environmental vandalism.”

SNP focus on healthcare and preparing for Scottish leaders' debate

The SNP are preparing for their first televised debate as First Minister John Swinney faces off against fellow Scottish party leaders on STV.

SNP Westminster leader Stephen Flynn has said his party will bring forward a Bill to protect the NHS from privatisation within 100 days of the General Election.

Flynn said it is “deeply disappointing” that Labour and the Conservatives are pushing for “massive privatisation” of the health sector.

Mr Flynn said his party would bring forward a Keep The NHS In Public Hands Bill to protect the health service.

However, Scottish Labour’s health spokeswoman, Dame Jackie Baillie, hit back at Mr Flynn’s comments as “outright lies” as she claimed the NHS, which is a devolved matter in Scotland, is on “life support” following the Scottish government’s handling of waiting lists.

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Transgender athletes may have to compete with their biological sex under Tories' proposed shake-up of Equality Act, says Kemi Badenoch

The shake-up of the Equality Act, which could result in transgender women being barred from female-only spaces, was mooted by equalities minister Kemi Badenoch earlier this year.

Political reporter @fayebrownSky

Monday 3 June 2024 09:41, UK

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Transgender athletes may have to compete alongside their biological sex under the Conservatives' plans to "clarify" equality laws, Kemi Badenoch has said.

The cabinet minister told Sky News her party is "not giving instructions" to different sporting bodies, but rather "making it very clear what the law is, that there is a difference between identifying as a different gender and what your biological sex is".

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As part of their latest election offer, the Tories last night pledged to change the Equality Act to define the protected characteristic of sex as "biological sex".

In the past, critics have accused the Conservatives of seeking to stoke divisions and demonise transgender people in the search for votes - with concerns raised about what this could mean for sport and access to female-only spaces.

Asked what the law would mean in practice for transgender athletes, Ms Badenoch said it would not bar them from competing but in some cases they "may have to compete with their biological sex".

She said: "We believe that sports is something where there are sex categories for a specific reason.

"People compete in women's sports because they're biological women, not because they identify as women. It is for sporting bodies to be able to manage that.

"Transgender athletes are not stopped for competing. They may, in some cases, have to compete with their biological sex."

Asked which toilets the government intends for transgender people to use, Ms Badenoch said: "We have not said that transgender people can't use specific toilets. What we have said is that they [businesses] must provide toilets for single sexes as well.

"And if you provide for all, that is genuine inclusion. The sort of inclusion that people are doing are actually exclusive to women."

The Equality Act currently states that an individual must not be discriminated against on the basis of their sex.

Ms Badenoch, the women and equalities minister, stressed the reforms would not be a "change", but rather "re-emphasising what should be the status quo".

"Sex and gender were used interchangeably," she said. "What we're doing is making sure that people understand what the law says. We've seen a lot of problems with people misinterpreting the law."

Challenged about why the government hasn't already made the change if it was such a big problem, Ms Badenoch said the "biggest reason" was because the SNP's controversial gender recognition legislation "took up quite a lot of bandwidth".

Ms Badenoch first mooted the idea in April last year after writing to parliament's human rights watchdog for advice about it.

At the time, LGBTQ+ charity Stonewall said the proposal risked "opening yet another chapter in a manufactured culture war that will see little benefit to women, cis and trans alike".

Keep up with all the latest news from the UK and around the world by following Sky News

Labour said it would not amend the Equality Act if elected because there are already provisions to protect single-sex spaces, so the government's plans are "not needed".

Speaking to Times Radio, shadow defence secretary John Healey said: "What is needed is clearer guidance for service providers, from the NHS to sports bodies, and in prisons, on what single-sex exemptions need to be, and the best way to be able to do that is in guidance, not primary legislation."

The Lib Dems accused the Tories of waging "phoney culture wars" while Lee Anderson, the former Tory deputy chairman turned Reform candidate , called it "madness".

Announcing the pledge last night, Prime Minister Rishi Sunak said the safety of women and girls "is too important to allow the current confusion around definitions of sex and gender to persist".

Ms Badenoch, who has spoken frequently in the Commons on the issue, said the change in the law needs to occur because public bodies are now acting out of "fear of being accused of transphobia".

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The Conservatives said the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.

The sex of those with a Gender Recognition Certificate will still align with their acquired gender in law outside the Equality Act, for example, marriage law, as is the status quo.

Under the proposed scheme, the Conservatives will also establish in law that gender recognition is a reserved matter, as they say "this will mean that an individual can only have one sex in the eyes of the law in the United Kingdom".

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Tories to amend Equality Act to make ‘biological sex’ protected characteristic

Rishi Sunak said: ‘The safety of women and girls is too important to allow the current confusion around definitions of sex and gender to persist.’

The Conservatives have pledged to change the Equality Act to define the protected characteristic of sex as “biological sex”.

They claim the change will make it simpler for service providers for women and girls, such as those running sessions for domestic abuse victims, to prevent biological males from taking part.

The Tories say that Labour’s Equality Act has not kept pace with evolving interpretations and is not sufficiently clear on when it means sex and when it means gender.

The party says the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.

The sex of those with a Gender Recognition Certificate will still align with their acquired gender in law outside the Equality Act, for example marriage law, as is the status quo.

Under the new scheme the Conservatives will also establish in law that gender recognition is a reserved matter, with women and equalities minister Kemi Badenoch saying, “it is impracticable for gender recognition regimes to vary in different parts of the country”.

Prime Minister Rishi Sunak said: “The safety of women and girls is too important to allow the current confusion around definitions of sex and gender to persist.

“The Conservatives believe that making this change in law will enhance protections in a way that respects the privacy and dignity of everyone in society.

“We are taking an evidence-led approach to this issue so we can continue to build a secure future for everyone across the whole country.”

Last year Ms Badenoch wrote to the Equality and Human Rights Commission (EHRC) seeking further guidance on the issue.

She said public bodies are acting out of “fear of being accused of transphobia”.

The minister said: “Whether it is rapists being housed in women’s prisons, or instances of men playing in women’s sports where they have an unfair advantage, it is clear that public authorities and regulatory bodies are confused about what the law says on sex and gender and when to act – often for fear of being accused of transphobia, or not being inclusive.

“That is why we are today pledging that, if we form a government after the election, we will clarify that sex in the law means biological sex and not new, redefined meanings of the word.”

Writing in The Times, Ms Badenoch gave further detail on what the proposed changes would mean, and attacked Labour leader Sir Keir Starmer for going “round in circles” on the issue.

The women and equalities minister also attacked “activist organisations” such as Stonewall for exploiting loopholes in the law “for their own agenda”.

She wrote: “Clarification is required. Not just to protect the privacy and dignity of women and girls, but also … transpeople who were going about their lives in peace, until predators started exploiting loopholes in the law by calling themselves trans with no evidence beyond their self-identification.”

In her article Ms Badenoch also revealed that a future Tory government would legislate to strip the Scottish Parliament of its powers to legislate on issues surrounding gender recognition.

The Gender Recognition Bill was passed in the Scottish Parliament in 2022 and would have made it easier for transgender people in Scotland to get gender recognition certificates.

The Bill was prevented from proceeding to royal assent by an order under Section 35 of the Scotland Act 1998, made by the then secretary of state for Scotland, Alister Jack.

In December, the Court of Session ruled the action was lawful, despite a Scottish Government challenge.

Ms Badenoch wrote: “We are one United Kingdom and it is impracticable for gender recognition regimes to vary in different parts of the country. So, we will also legislate to establish that gender recognition is a reserved matter.

“On fundamental matters of personal identity there should be one approach throughout the United Kingdom.”

Ms Badenoch criticised the Labour leader, writing: “There are numerous examples of Keir Starmer going round in circles on this issue.

“And many more of mostly Labour politicians smearing those with concerns as ‘transphobic’ or ‘far-right’, dismissing the issue as mere ‘culture wars’.

“They then bizarrely claim that the government should stick to talking about the economy and the NHS, as if we should not be capable of solving multiple things at once.”

She added: “A future Conservative government will take bold action and introduce primary legislation to clarify that the protected characteristic of sex in the Equality Act means biological sex.

“Our legislation will mean that for the purposes of the Equality Act, the provision in the Gender Recognition Act recognising legal sex will be disapplied.”

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Equality act 2010, you are here:.

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Explanatory Notes

• Commentary on Sections
• Part 7:  Separate and single services
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Part 7 :  separate and single services.separate services for the sexes: paragraph 26.

729. This paragraph contains exceptions to the general prohibition of sex discrimination which allow the provision of separate services for men and women.

730. A provider can deliver separate services for men and women where providing a combined service would not be as effective. A provider can deliver separate services for men and women in different ways or to a different extent where providing a combined service would not be as effective and it would not be reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex. In each case such provision has to be justified.

731. The exceptions also cover the exercise of public functions in respect of the “back-room” managerial, administrative and finance decisions which allow separate services to be provided.

732. This paragraph replaces similar provisions in the Sex Discrimination Act 1975 that only cover public functions. The exceptions have been extended to cover all services, whether privately or publicly provided.

It would not be unlawful for a charity to set up separate hostels, one for homeless men and one for homeless women, where the hostels provide the same level of service to men and women because the level of need is the same but a unisex hostel would not be as effective.

Single-sex services: paragraph 27

733. This paragraph contains exceptions to the general prohibition of sex discrimination to allow the provision of single-sex services.

734. Single sex services are permitted where:

only people of that sex require it;

there is joint provision for both sexes but that is not sufficient on its own;

if the service were provided for men and women jointly, it would not be as effective and it is not reasonably practicable to provide separate services for each sex;

they are provided in a hospital or other place where users need special attention (or in parts of such an establishment);

they may be used by more than one person and a woman might object to the presence of a man (or vice versa); or

they may involve physical contact between a user and someone else and that other person may reasonably object if the user is of the opposite sex.

735. In each case, the separate provision has to be objectively justified.

736. These exceptions also cover public functions in respect of the “back-room” managerial, administrative and finance decisions which allow such single-sex services to be provided.

737. This paragraph replaces some similar provisions that only covered public functions and some that applied to services in the Sex Discrimination Act 1975. These exceptions have been extended to cover both services and public functions.

738. These exceptions would allow:

a cervical cancer screening service to be provided to women only, as only women need the service;

a fathers’ support group to be set up by a private nursery as there is insufficient attendance by men at the parents’ group;

a domestic violence support unit to be set up by a local authority for women only but there is no men-only unit because of insufficient demand;

separate male and female wards to be provided in a hospital;

separate male and female changing rooms to be provided in a department store;

a massage service to be provided to women only by a female massage therapist with her own business operating in her clients’ homes because she would feel uncomfortable massaging men in that environment.

Gender reassignment: paragraph 28

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.

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

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.

Services relating to religion: paragraph 29

741. This paragraph contains an exception to the general prohibition of sex discrimination to allow ministers of religion to provide separate and single-sex services.

742. The minister can provide such services so long as this is done for religious purposes, at a place occupied or used for those purposes and it is either necessary to comply with the tenets of the religion or for the purpose of avoiding conflict with the strongly held religious views of a significant number of the religion’s followers. This does not apply to acts of worship (which are not themselves “services” within the meaning of the Act so no exception is required).

743. This paragraph replaces a similar provision in the Sex Discrimination Act 1975. The requirement regarding avoiding conflict with the religion’s followers has been altered in order to give consistency within the Act and some explanatory provisions have been added for the same reason.

A synagogue can have separate seating for men and women at a reception following a religious service.

Services generally provided only for persons who share a protected characteristic: paragraph 30

744. Paragraph 30 provides that a service provider does not breach the requirement in section 29 not to discriminate in the provision of a service if he or she supplies the service in such a way that it is commonly only used by people with a particular protected characteristic (for example, women or people of Afro-Caribbean descent) and he or she continues to provide that service in that way. If it is impracticable to provide the service to someone who does not share that particular characteristic, a service provider can refuse to provide the service to that person.

745. This is designed to replicate the effect of provisions previously contained in the Sex Discrimination Act 1975 and the Equality Act 2006, and extends the clarification they provide across all other protected characteristics for the first time.

A hairdresser who provides Afro-Caribbean hairdressing services would not be required to provide European hairdressing services as well. However, if a white English person wanted his hair braided and there was no technical difficulty to prevent that, it would be unlawful for the hairdresser to refuse to provide her services to him.

A butcher who sells halal meat is not required also to sell non-halal meat or kosher meat. However, if a non-Muslim customer wanted to purchase the meat that was on offer, he could not refuse to sell it to her.

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