Equality policies no longer listing “sex” as a protected characteristic

Send them a letter advising they are in violation of law with a copy of the EA.
What they do about it will tell you what you need to know.

My youngest’s School has this totally wrong but I’m scared to say something .... I feel like posting a anon letter!

I think it is urgent that these agencies be advised that they are in violation of law asap.

Under 18s are covered by the gender reassignment clause but, as I understand it, courts have ruled that when looking at whether someone is being discriminated against due to gender reassignment the correct class to compare them against is other people of their sex, not other people of the gender they are trying to assimilate in to. So a transboy would be discriminated against if they were not allowed to access a scheme set up to encourage girls into science that is available for other girls. Though provision also has to be made for them so they aren't forced to, for instance, change with girls if they are uncomfortable doing so.

Are under 18s covered by the gender reassignment clause too? I guess they are as the other protected characteristics would apply to them.

I have a question about gender reassignment as a protected characteristic. Does that mean someone with a GRC but does not include those who self-id?

This is what the Equality Act 2010 says:

A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

www.legislation.gov.uk/ukpga/2010/15/section/7

So as soon as you 'propose to undergo' gender reassignment, you're covered. No further action required - just tell someone that's what you're doing, or even just decide in your own head.

I have a question about gender reassignment as a protected characteristic. Does that mean someone with a GRC but does not include those who self-id?

And what does it mean in real terms? If, for example, a MTF trans has a GRC and they apply for a job which is specific to women ( security doing same-sex pat-down searches at airports, etc), could that person file a discrimination case against the employer if they felt they didn't get the job because of their gender reassignment?

Policies get changed when people with big gobs shout the loudest. Hence Stonewall and co eroding the rights of women born as being of the female sex.

Companies are so nervous about being called out on social media that they discriminate against females in their grovelling attempts to be down with the trans community.

we need a big campaign about this called Sex not Gender

I agree. I think it would get derailed by TRA's as hate-speech though, unfortunately. The Equality Act would back it up but they seem to think they are above the law regarding legislation and wording.

Oh, wait, one lists “gender” as the protected characteristic- that is included in the 4 sex/gender figure.

OK, out of the 32 Councils in Scotland on their websites, their Equality Policies or statements (when specifically listing the 9 protected characteristics of the Equality Act 2010 are broken down as:

15 state sex
11 don’t list the protected characteristics (not all mention the Act)
4 state sex/gender
2 state sex (formerly known as gender). Eh? That’s a new one to me

Within the 11, one says that they view their responsibilities as wide than the areas covered by present legislation and lists gender and trans identity but not sex.

@HarrietTheFly thank you. I have subsequently been on the ACAS website and they have a template for organisations to use which states "sex (gender) so I suspect this will proliferate as more and more organisations use this template.

If they want to include transgender (which they shouldn't as it's not what the law actually says) at the very least it should be gender reassignment (including transgender).

I would suggest writing to them in a non-aggressive way stating the protected characteristics are as detailed above with the link to the official website. I don't see how they can argue with that. They can't rewrite the law.

If we all do this every time we see it, we can make a difference

In the draft impact assessment for the current consultation in Wales about making the new RSE curriculum (including teaching about gender identity) compulsory for all children, they have all the protected characteristics listed correctly apart from one. Instead of sex, they have sex/gender.

gov.wales/sites/default/files/consultations/2019-10/integrated-impact-assessment-ensuring-access-to-the-full-curriculum.pdf

Link to consultation. It's open until 28th November.
gov.wales/ensuring-access-full-curriculum

My DD’s school lists ‘sex (including issues of transgender)’ as a protected characteristic in their equality policy. What does that even mean?

Just checked my ds's primary and it also lists "sex (including transgender)" as a category.

I would suggest:

Re. the nine protected characteristics listed in your equality policy, please be aware that they are:
age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

www.equalityhumanrights.com/en/equality-act/protected-characteristics

ie. it should say sex, not sex (including transgender). Given the current debate I'm sure we agree that it is important that the school's document accurately reflects the law so that there is no ambiguity.

@Iggypoppie there are what, 30 odd Councils in Scotland? I think I’ll have a look and see how each one presents their Equality Policy

Just checked my ds's primary and it also lists "sex (including transgender)" as a category.

@OhamIreally

I'd say something like,

Dear council,

I have noticed an error on the council's equality policy (link to page). Under protected characteristics "sex/gender" is listed. The protected characteristics as recorded in the Equalities Act 2010 are: age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity. (Link to act).

While often used interchangeably, sex and gender do not have the same meaning. From the WHO website (link): "Sex refers to the biological characteristics that define humans as female or male."
"Gender refers to the socially constructed characteristics of women and men, such as norms, roles, and relationships of and between groups of women and men. It varies from society to society and can be changed."

Gender does not have the same meaning as sex and it is not a protected quality under the act.

Sorry...that's not great and I have no ending to the letter . I'm sure someone else can do a better job! And I wanted to end with something like "I hope to see the page amended soon to reflect the actual law". But in a better way that didn't sound rude and I couldn't think of anything.

Thanks TimeLady - I’ll probably email your simple suggestion to my DD’s primary school (and I’m sure secondary school too as it’s the same Academy), and see what they come back with ......

Just checked my council and they have ‘sex - a man or a woman’ , as the characteristic.

Need to formulate an email to the school now....

I've just been on my local council website and it states "sex/gender" as the protected characteristic- how would I challenge that?

Skills Development Scotland had replaced sex with gender identity and when I emailed them they said that:

“We have accessed guidance from Stonewall Scotland and the Scottish Trans Alliance in using gender identity, which is perceived to be a more inclusive term than sex which is binary.”

However I checked this morning and sex as been reinstated! So pleased, but why should Stonewall and STA be allowed to misrepresent the law in this way?!

Here is ours (I don’t mind people knowing my location- have posted it before!)

You will see that they list: sex (gender)

And have swallowed the Stonewall Kool-aid.

In fact, look at the whole thing which has a real Stonewall emphasis

www.westlothian.gov.uk/equality

Wonder what will happen when I ask them to remove “gender” from the sex protected category...

Suggest you use/modify the Fair Play template on the Small Acts of Rebellion thread I've just bumped. It's good as notes the EAct but also that omitting sex may deter people from accessing their rights etc. It reads clearly and unarguably and seems to have worked for the half dozen I've sent to NHS Trusts. Shame we can't organise to check localities and email systematically... I like to dream