Does the DDA apply to discrimination based on transsexualism?
The only part of the definition of disability that might apply to transsexual people who have not undergone gender reassignment surgery is a “disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour”. Some transsexual people have been described as having a disorder of “gender dysphoria”, but the Commission does not necessarily accept this labelling, and does not regard transsexual people or any particular transsexual person as necessarily having a psychiatric or psychological disorder. Without evidence of such a disorder, transsexualism will not be regarded as a disability under the DDA. Classification of transsexualism as a disorder by some medical professionals is not in the Commission’s view conclusive – noting that homosexuality was long classified as a disorder by the American Psychiatric Association. A number of elements of the definition of disability could apply to transsexual peop
