Companies can legally exclude trans women without a Gender Recognition Certificate from jobs specified for women only, like positions in domestic abuse shelters, per EHRC guidance.
The Equality Act prohibits discriminatory job advertisements based on protected characteristics, such as religion or sexual orientation, unless with a legitimate reason.
EHRC's guidance clarifies that sex in job requirements refers to legal sex recorded on birth certificate or GRC, affecting trans women's eligibility for certain roles.
EHRC commits to upholding the Equality Act by assessing companies on a case-by-case basis regarding compliance with guidance, focusing on lawful use of occupational requirement exemptions.
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