Is it true that the Act removes the previous protection in the Sex Discrimination Act 1975 (SDA) for GRC holders?
The specific exceptions for Genuine Occupational Qualifications (GOQs) relating to gender reassignment in the SDA have been replaced in the Act by a new exception for occupational requirements relating to all protected characteristics. Whereas the former exceptions for GOQs allowed discrimination only in certain defined circumstances, which did not apply to GRC holders, the new exception is of general application and contains an objective justification test. This is a high threshold and a requirement of European Union law and the European Convention on Human Rights. Applying a requirement not to be a transsexual person to a person with a GRC will only be objectively justified in exceptional circumstances. For example, a counsellor working with victims of rape might have to be a non-transsexual woman in order to avoid causing clients further distress.
