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Original poster

Major (positive) change to EA/trans advice

89 replies

Oldstyle · 29/12/2018 20:20

It appears that there's been a change in the official advice given to organisations about how to resolve single-sex vs transwomen inclusion issues. In favour of women's rights to single sex provision. Needs to be shouted about / shared. And failures in compliance need to be challenged.
twitter.com/2010equality/status/1079039059211759623?s=21&fbclid=IwAR0VdGYXiBe_7fw4dJuPQyHBI5gZY4x2WdWdP3nE2PG_ZOH5plyTLuS-x90

OP posts:
HomeStar · 29/12/2018 21:27

pbs.twimg.com/media/DvmliDAWsAAWGB1.jpg

is this definitely true? This is a huge breakthrough if so. It's actually astonishing to see reasonable common sense in a document like this.

I don't know how joined up the government is on this front. If the advice has been changed in this manner maybe it that they are planning on making the process of getting a GRC a lot easier, but at least they've made moves to prevent this from causing Canada-style problems.

Original poster
Oldstyle · 29/12/2018 21:24

It isn't an official EHRC twitter account but links to the official advice as follows:
Certain exceptions in the Act set out circumstances in which it is permissible to treat someone differently because of their sex or gender reassignment, for reasons of public policy or to protect the rights of others. The use of such exceptions generally needs to be justified as being a proportionate way to achieve a legitimate objective. This will often require a case-by-case approach to determine what is legitimate and proportionate in any given circumstance.
Under the Act, the protection from gender reassignment discrimination applies to all trans people who are proposing to go, are undergoing or have undergone (part of) a process of gender reassignment. At the same time, a trans person is protected from sex discrimination on the basis of their legal sex. This means that a trans woman who does not hold a GRC and is therefore legally male would be treated as male for the purposes of the sex discrimination provisions, and a trans woman with a GRC would be treated as female. The sex discrimination exceptions in the Equality Act therefore apply differently to a trans person with a GRC or without a GRC.

This seems to be a very useful clarification - and not before time.

OP posts:
Iamnobirdandnonetensnaresme · 29/12/2018 21:19

Equality Act 2010
@2010Equality
·
4h
The Equality Act is really, really clear that having the protected characteristic of "gender reassignment" does not mean a person has changed sex. This is the first place where people can get confused. The law says a transwoman who hasn't gone through the GRC process is a man.

HumberElla · 29/12/2018 21:18

Never seen this account before. Where has this come from?

Purplewithgreenspots · 29/12/2018 21:16

It looks like it is not an official tweet, but it explains and points you in the direction of the official guidance, so we are on firmer ground when we stand up to orgs misrepresenting our rights as females. Not ideal but better than.

HermioneWeasley · 29/12/2018 21:12

Good news

Bowlofbabelfish · 29/12/2018 21:10

Who owns the account?

thecompletenonsequitur · 29/12/2018 21:05

Is this an official tweet? I was very excited, but now I'm not sure where it's come from.

Sexnotgender · 29/12/2018 20:59

Great thread.

MsMcWoodle · 29/12/2018 20:56

I don't understand. Two glasses of wine and very tired - who is this tweeting? Is this someone's interpretation? If so whose?
Don't fully understand what it is saying either.
did I say I was tired?

PatPhoenix · 29/12/2018 20:46

Bloody hell!

Happy New Year.

DisrespectfulAdultFemale · 29/12/2018 20:43

A move in the right direction. Thanks for posting this.

Yewnicorn · 29/12/2018 20:29

Bump

Idontbuythejellybaby · 29/12/2018 20:26

Bump