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A v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1584

22 November 2002

Sex discrimination - Human Rights - Police declined to consider male to female transsexual for employment on grounds that she remained legally male and would not be able to search women prisoners - Employment Appeal Tribunal wrong to hold that male to female transsexual was legally male - Applicant entitled to be treated as female for purposes of assessing her suitability for employment - Applicant willing for transsexuality to be disclosed - Police could not therefore say that being man was genuine occupational qualification under Sex Discrimination Act 1975, s 7 The applicant was a male to female transsexual. She was registered as male at birth, but in 1996 underwent gender re-assignment surgery. She changed her identity and moved to a different location. In 1997 she applied to become a police constable. She was tested and assessed in the normal way and was successful at each stage. References were taken up but in 1998 the police force informed her that as a matter of policy tran...

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