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Feminism: Sex and gender discussions

'Gender identity' and discrimination

58 replies

FurryGiraffe · 17/07/2017 11:16

I have just been sent a link to a survey my employer is running on gender discrimination (I'm an academic and its a university survey in conjunction with the institution's Athena Swan charter renewal). It repeatedly uses the terminology of 'gender identity': asking whether I have suffered discrimination (in a variety of contexts) because of my 'gender identity' and then asking what my 'gender identity' is. Nowhere does it mention discrimination on the basis of biological sex, or what my biological sex is. And I am hopping mad at the potential that this has to conceal the issues.

I haven't suffered discrimination on the basis of my gender identity. I have suffered discrimination on the basis of my biological sex, insofar as I have twice lost out on career progression opportunities as a result of being on maternity leave. But a survey that concentrates on 'gender identity' isn't going to identify pregnancy and childbirth as a cause of gender identity based discrimination, is it? Because natal males identifying as female don't become pregnant and natal females who identify as male do (or at least can), so from a gender identity perspective, pregnancy is not a root cause of discrimination, is it? Meanwhile, a very real cause of discrimination against women will go unidentified because we are asking the wrong question.

Grr. Sorry. I'm not sure what I'm after if anything other than a rant.

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Datun · 17/07/2017 13:15

Precisely. Muslim women for instance.

People never seem to take this to its logical conclusion. Partly they
just don't think, and partly they don't realise the drive behind it is highly motivated.

This person for instance.

sauceyorange · 17/07/2017 13:09

Or you could ask how to balance the needs of a trans student versus a female student who won't attend university unless she can have single sex accomodation / bathrooms guaranteed. I've used that one with people at work before and I've seen a couple of lightbulb moments- or rather oh shit we can get sued moments

Datun · 17/07/2017 13:04

At the very least, it will raise the question of why a transwoman insists on using the ladies, when there is a gender neutral facility provided.

You may not get anywhere officially, but it does tend to unmask the pretence. And people begin to see the damage.

Datun · 17/07/2017 13:02

FurryGiraffe

If you can, set some time aside beforehand to get your argument straight.

Think of all the objections, and your rebuttal of them.

If you can link to websites and articles, so much the better (maybe in a follow up email so you can both leave a paper trail and not look too 'ranty' during the meeting.)

The main question is whether gender identity replaces sex discrimination. It's an easy question, but, like you, I suspect the answer will be unnecessarily complicated.

Because people do not want to see this for what it is.

And, no doubt, it will be mostly about toilets. There is, I believe, under the health and safety regulations still a law in place that says you must provide a female only toilet. (And a male only toilet).

You can make provision for someone who doesn't want that, but those two must be provided.

That doesn't mean, unfortunately, that you can prevent people from the opposite sex using them. But they must be provided.

It stops the irritating and automatic assumption that the women's loo will be the one to go gender neutral.

FurryGiraffe · 17/07/2017 12:52

Hopefully, you might see it unravel before your eyes. (I hope you do, that would be awesome.)

That would be lovely. But I suspect unlikely- you haven't met our HR department. I strongly suspect they will babble at me incoherently and then mutter under their breath about 'academics thinking they're so clever'. I might try it anyway. Wink

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Datun · 17/07/2017 12:49

Because this is already getting out of hand everywhere. Transwomen demanding urinals in female toilets, for instance.

As far as I know, we are still, legally, sex-based protected here.

And you need a gender reassignment certificate to qualify as a woman.

But well-meaning people who want to jump the gun in order to be inclusive, are simply setting a precedent that they will not be able to come back from.

I would gen up on the law as it stands, and try to make sure they stick to it. Apart from anything else they do need to keep inside the law so they're not vulnerable to being sued.

Because there will be people who will absolutely try and exploit this.

Collidascope · 17/07/2017 12:44

Feels odd that discrimination, which is surely about how others view you and treat you, would be linked to something that is often non-existent and, if it does exist, can be hidden -like gender identity- as opposed to something observable like sex.
I honestly wouldn't know how to answer this survey.
I'd be tempted to overegg it and write about my feelings of sadness at being a woman and the workplace not allowing me to go and touch up my makeup several times an hour, not allowing me to wear pink sparkly dresses, not providing tissues for when I want to cry over a sad film I watched last night, not providing several lifts so I don't have to walk upstairs in heels, of not providing a hair removal station for those few hairs that start sprouting after a shave.

Datun · 17/07/2017 12:44

I hate that I'm even suggesting this, but anyway.

Just go in all wide eyed and innocent and can someone explain this gender stuff to me please?

"Ah, okay. . But what happens when this occurs? That might be tricky, hmmm?"

Hopefully, you might see it unravel before your eyes. (I hope you do, that would be awesome.)

FurryGiraffe · 17/07/2017 12:37

Datun. That's a possibility. This survey was for the University charter mark and I've actually just agreed to head up our departmental bid (there's a university wide process and then departmental level ones). I don't want to run the risk of being removed from the departmental role, because I hope it will put me in a position to make some positive changes for women in the department. So it's a bit of a balancing act.

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sauceyorange · 17/07/2017 12:36

Or, ask what exactly gender identity is please and when they say it's how you feel ask what their legal definition of a woman is please?

Datun · 17/07/2017 12:31

Gender identity and sex are in direct conflict. They cannot peacefully coexist because of this.

One cancels out the other.

I totally understand that you are in a horrible situation. Could you gently, and with some well practised naivete, just innocently ask how this might pan out in terms of when there might be a conflict?

Enb76 · 17/07/2017 12:31

Athena Swan started in 2005 to get more women into STEM careers, identifying where the barriers to that were and trying to get those pulled down - as it progresses, they want to pull down barriers for everyone and for all subjects so Arts & Humanities as well. So in 2015 they expanded their brief to "gender equality" for all.

I work in a dept. that currently has the Silver award and we're working towards the gold, however, as this involves taking equality to the administrative staff rather than just the academics, I think we're in for a long wait.

sauceyorange · 17/07/2017 12:25

Xpost. Didn't realise Athena swan had succumbed. Ffs

sauceyorange · 17/07/2017 12:25

Sex is still a protected characteristic in the U.K. Though, isn't it? Not gender- unless/until bloody Miller gets her way

FurryGiraffe · 17/07/2017 12:24

Sorry, cross post.

I think most of them think they are being inclusive, and right on, without having the smallest understanding of the real life impact.

I am certain this is the case for us. I think this is ignorance rather than anything more sinister. But it is problematic nevertheless.

In terms of challenge, I strongly suspect that if questioned the University will say 'Athena Swan tell us we have to do it like that' (Athena Swan is the University equality charter mark process). And indeed, Athena Swan do use gender identity rather than sex and they explicitly extend their remit to gender identity as well as sex based discrimination, without any recognition (outwardly at least) that these are in conflict.

I have to think carefully about how vocal I'm prepared to be. My department has a fair sized contingent of trans allies. It's a bit of a minefield.

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Datun · 17/07/2017 12:23

If you complain that you are being passed over for promotion on the basis of your sex. They can still claim is not on the basis of your sex because look at this transwoman who is now head of department. We don't discriminate against women here.

Datun · 17/07/2017 12:22

It doesn't matter if they are minority. They would only have to be one. If fact there only has to be the idea of it.

It's all about the actual law and the wording. It's not about what people think constitutes sex discrimination.

There was a woman in Canada, I believe who needed time out to express milk at work. She was fired. She claimed unfair dismissal on the basis of sex discrimination. She lost her claim because the company maintained they would treat a man in exactly the same way (transman, don't forget man is the legal definition), and therefore it wasn't discriminatory. Ironically if the law was based on people who breastfeed and people who don't breastfeed, she would have won. But it's not, it's based on man and woman, legal definitions.

The terms man and woman no longer have a legal meaning based on biology.

Obviously, any fool can see that this is wrong. But when it comes to winning court cases, justice and being right and wrong has got nothing to do with it it's all about the actual law.

sauceyorange · 17/07/2017 12:16

Ridiculous. I'd be tempted to write a letter to HR setting out the problems. You could probably cut and paste from mn, haha.

Maybe ask what prompted it? Great that they are looking for ways to support women and trans people but why specifically ask about gende identity as opposed to sex? Etc

FurryGiraffe · 17/07/2017 12:16

Exactly Datun. It rather depends I suppose on the mindset of whoever is analysing the data. But my concern is that if you approach these things with a mindset of 'gender identity' then it isn't possible for pregnancy to be a cause of discrimination, because that's nothing to do with gender identity. I'm not suggesting that all discrimination against women is on the basis of childbearing btw, it's merely a useful example (and one I have personal experience of).

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FirstShinyRobe · 17/07/2017 12:16

Any chance of following up? Because I would ask them to define terms (like Datun says), with sources.

Datun · 17/07/2017 12:16

OP, can you ask outright whether they intend to allow discrimination in the workplace to be on the basis of gender identity, or remain on the basis of sex. Because unless one takes precedence over the other, it can't be both. They are in direct conflict.

Get them to tell you, in writing, how that will impact on sex discrimination.

I really want people (not you OP, your company) to see how this will pan out.

I think most of them think they are being inclusive, and right on, without having the smallest understanding of the real life impact.

YetAnotherSpartacus · 17/07/2017 12:15

Datun - Oh OK .. now I get it. But surely those would be in a minority? I do see the implications for the future though.

Datun · 17/07/2017 12:11

Today 12:08 YetAnotherSpartacus

I'd be really, really surprised if women did not mention issues connected with maternity ...

They might well do. But it can pointed out that a woman identifying as a man may well have those issues, and therefore it's both a male and a female issue, and thus not discriminatory on the basis of sex. And if they are only going to look at discrimination on the basis of gender identity, you're fucked.

YetAnotherSpartacus · 17/07/2017 12:08

I'd be really, really surprised if women did not mention issues connected with maternity ...

FurryGiraffe · 17/07/2017 12:04

Beyond this, I'm not actually sure what it is the gender diverse and trans people want in employment contexts. The discrimination that women face, ehether or not they are mothers, is starkly obviious and has been pointed out for some decades, but of course we're told it will have to wait until after the revolution or that we're imagining it and the mens are discriminated aganist too, poor dears.

Too true.

One of the things I find so infuriating about this is that at the moment I have my Head of Department onside on women's equality issues. He was genuinely mortified when I pointed out to him that he'd (indirectly) discriminated against me while on my recent maternity leave. He is open to making changes to structures/procedures to improve things. But (especially if we need to spend money) that's not going to continue if the data suggests there's no problem.

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