Is it "unlawful" to deliberately misgender someone?

55 replies

Davros · 04/05/2020 15:07

I have recently asked an organisation its position on Self ID and, as well as many other paragraphs of text I'll have to wade through, they have included this and I am unsure if it is accurate. Can anyone elucidate? Thanks:

The Equality and Human Rights Commission says in its guidance that, in providing goods or services, to deliberately address individuals as being of a gender other than their self-identified one is unlawful.

OP posts:

MockersxxxxxxxSocialDistancing · 04/05/2020 15:47

I here deliberately say that Mrs Brown is a man.

There.

Datun · 04/05/2020 15:28

It can't possibly be unlawful, otherwise every time I get a letter addressed to Mr Datun, I could sue them.

I believe that what does go against the equality act is if it constitutes harassment.

And one day, hopefully not that far away, we will get a very definite description of what that is. Calling men, men, is not it.

Thelnebriati · 04/05/2020 15:26

It will depend on the context.
Are you talking about an individual or a business? A business is bound by The Equality Act.
There's nothing in it about misgendering, it is not unreasonable to assume someones sex if you are talking face to face no matter how they are dressed, or many women would have to be addressed as 'Sir' on the grounds we are wearing jeans.
But if you ask customers to tick a box and give their preferred title it would be odd to use a different one in an email.

TyroSaysMeow · 04/05/2020 15:20

I don't know, OP. But I find it horrifying that refusal to cram someone into a sex-stereotype box could be illegal. It would be illegal to refuse to play the gender game, illegal to refuse to force others into sex role stereotypes. It would make the practice of feminist analysis illegal.

BlackForestCake · 04/05/2020 15:13

There is no case law on whether it is lawful to address a man as Mr.

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