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Transsexual discrimination: No discrimination against transsexual required to use disabled toilet

This report relates to 1 case(s)

Key points

  • A pre-operative male-to-female transsexual was not discriminated against when required to use the gender-neutral disabled toilet at her workplace, rather than the women's toilets, the EAT holds in Croft v Consignia plc 30.9.2002 EAT/1160/00. This was because the employer was required by the Workplace Directive and Regulations made thereunder to provide separate toilet facilities for "men" and "women", for which purposes a person's sex was to be determined by the position in law, or the employer's belief as to their sex in law, being their sex at birth, rather than the gender a person might select for himself or herself.