EHRC guidance on single-sex service provision and transgender people

5 April 2022

On 4 April, the Equality and Human Rights Commission (EHRC) published new guidance for organisations providing services to only one sex, or different services to different sexes. The guidance covers exceptions in the Equality Act which permit the provision of single-sex services, and provisions in the Act relating to gender reassignment which allow providers of separate or single-sex services to ‘exclude, modify or limit access’ to these services to trans people. In both cases, organisations must be able to demonstrate that these actions are a proportionate means of achieving a legitimate aim.
While this guidance isn’t focused specifically on education settings, it’s likely to be helpful to leaders, governors and trustees. It includes a number of examples pertinent to schools and colleges, such as decisions around changing rooms, sports and fitness, and toilets.

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