[Crimson Dynamo]

Example

13.5.12 A trans man attends a gym frequently and uses the women’s changing room, consistent with his biological sex. If the gym owner decides that he can no longer use the women’s changing room and there is no other changing room he can use this may be a disproportionate decision. If it is disproportionate, the gym owner will not be able to rely on the exception for gender reassignment discrimination (Sch 3 paragraph 28). The trans man will be able to bring a complaint of direct gender reassignment discrimination, because he has been treated less favourably than a woman who does not have the protected characteristic of gender reassignment.