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Feminism: Sex and gender discussions

Muslim women and trans policies in the workplace

136 replies

TroubledBetty · 24/02/2021 13:54

Hello

The company I have been working for under a year has just published a new trans policy document which I read last week and has caused me to feel anxious about going back in to the work place.

What is making me feel ill is the statement that a 'trans colleagues are entitled to facilities they feel most comfortable using'. For non-binary people, this might mean using gender-neutral facilities or using a combination of different facilities which they feel most comfortable using.' A friend of mine who doesn't work there but is a scholar wrote in on my behalf (I have been too scared) to some EDI people. He quoted scripture from the Qu'ran which says how we cannot use toilets where there are males which aren't children or family members. But if transgender women who are male-bodied people then to myself and other women at my company they are then mixed-sex.

My friend sent on the response from the company to me this morning. It went like this 'Most XYZ offices have toilets with individual stalls with full height dividing walls and a full height lockable door. The individual toilet areas include a washbasin. There is therefore no need to come into contact with someone else whilst using the toilet facility. I am happy to discuss alternative options with XYZ if she is an office where these toilets are not available or have not been clearly signposted.'

I and my colleagues wouldn't be comfortable using these restrooms even with enclosed cubicles. We often will help each other with our veils (we cant do this in front of men) and it is a safe space for us to congregate. I know that many feminists don't approve of the wearing of veils but I am asking you for help and advice.

my thoughts are

is this legal? To restrict access to small spaces where only one Muslim can be at a time when males have freedom to go anywhere they would like

they speak of being 'comfortable' but I would be very 'uncomfortable' coming out of a cubicle to be confronted with a male. We have to pray 5 times a day and before prayer we have to wash (private parts, feet, hands, pat down our hair etc). I would feel extremely uncomfortable doing this if I know that there is a male there or that a male could enter at any time.

I have asked and although there are separate cubicles this to me still counts as 1 restroom.

I have never seen any women's restrooms in the 4 company offices with wash basins. I think these must just be in the Gender Neutral toilets. Should I ask that? Because if that is the case then these are totally inappropriate for us.

shouldn't they have sent out questionnaires to Muslim women or something like that asking us for our opinion?

I am upset by this because I thought this company values itself on being clear thinkers and this has stunned me

OP posts:
Gottalife · 24/02/2021 15:09

@Thelnebriati

Assuming you are in the UK they are breaking the law. toilets can be single use or single sex.

'trans colleagues are entitled to facilities they feel most comfortable using'.
No thats not true. Women are legally entitled to single sex facilities. Even a gender recognition certificate does not entitle a person to use the women's toilet, as they are a proportionate means to a legitimate end, and women are the sex class that have to deal with menstruation.

shouldn't they have sent out questionnaires to Muslim women or something like that asking us for our opinion?
No they shouldn't. You are entitled to single sex facilities, and you can't consent on behalf of other women who work there now, or women who may work there in the future.. Asking you for consent is a form of coercion and its illegal.

If they want to make facilities mixed sex they can make them in addition to the single sex facilities. Women should not be inconvenienced by having to travel further, ort to another building.
They should have performed an equality impact assessment. You can ask to see it.

'trans colleagues are entitled to facilities they feel most comfortable using'. No thats not true. Women are legally entitled to single sex facilities. Even a gender recognition certificate does not entitle a person to use the women's toilet, as they are a proportionate means to a legitimate end...

The legitimate aim is optional not compulsory and good reason needs to be proven. And I doubt if it has ever been used in regard to toilets.

Flapjak · 24/02/2021 15:08

If you do a crowdfund, OP i would donate. We are women and it is in all womens interests that we retain toilets for single sex use. I am sorry that you are experiencing this. If companies want to be inclusive surely its easy to install one mixed sex / gender neutral toilet. For the tiny portion of their workforce that night need it

Cagedbirdsinging · 24/02/2021 15:07

OP , thank you for your posts and for starting this thread .
I have no religious faith at all but appreciate that other people do ; I fully respect their faith and support their right to practise .
There are male-bodied people who wish to be perceived as women who are insistent that we women give up our rights to privacy , dignity and safety , and they are coercing some women to give up those rights on behalf of all women .
You , as a woman who upholds Muslim principles , should have access to a space to tend to your female and faith-based needs without concern of male intrusion . Sex and Faith are protected characteristics .
I am reminded of the difficulties we had last millennium in trying to find clean , safe places to change and breastfeed our babies whilst out and about .

Outofexcuses · 24/02/2021 15:06

@Beamur

Do the MCB have policies/advice for businesses and premises? I think changes to facilities and the provision of more gender neutral/mixed sex toilets and changing areas is likely to continue and escalate. If this is going to have a negative impact on Muslim women, then it might be very helpful to have a high level of steer and input from a body with recognition and clout.
Agreed. I can't believe Troubled Betty is the only Muslim woman in this country with this problem. If the MCB doesn't have a policy, then it needs to get one pdq.
IsThePopeCatholic · 24/02/2021 15:06

I’m not Muslim but I also would not want to share toilet space with men.

SomersetHamlyn · 24/02/2021 15:05

I would consider also making contact with Jewish women's organisations as Orthodox Jews face similar problems.

Do you know Nisa nashim?

thinkingaboutLangCleg · 24/02/2021 15:02

And as others have said here, I would support you if you launched a crowdfunder.

thinkingaboutLangCleg · 24/02/2021 15:00

Welcome to Mumsnet, Betty. I can see you're getting excellent advice, and I know the women commenting here are well qualified and know a lot about the law.

I'm not a Muslim but I too feel very unhappy, and indeed threatened, by men using women's toilets and changing rooms. (I'm saying "men", not transwomen, as your company's policy is to allow self-ID, which is not allowed by law.) You are not being unreasonable.

Best of luck to you.

GirlInterruptedAgain · 24/02/2021 14:59

I am not Muslim. However, I think your employer are discriminating against you (albeit indirectly and not perhaps deliberately). You need what you need and your employer needs to provide that for you. You’re not being unreasonable your employer is. Sorry I can’t help but just wanted to say I don’t think you’re being unreasonable.

Beamur · 24/02/2021 14:59

Do the MCB have policies/advice for businesses and premises?
I think changes to facilities and the provision of more gender neutral/mixed sex toilets and changing areas is likely to continue and escalate. If this is going to have a negative impact on Muslim women, then it might be very helpful to have a high level of steer and input from a body with recognition and clout.

GrumpyHoonMain · 24/02/2021 14:58

It’s a good idea to call the MCB but do note they may give you impractical advice to work around the problem instead of a proper fix. For example at my last workplace (similarly global) they advised that a non-Muslim woman should walk in first to see if there were any males in the loo and redirect any males if they tried to enter. It was such stupid advice and led to many muslim women not using the toilets in the building.

In the end it took a complaint from a muslim customer before the workplace made any meaningful changes.

InkyOctopus · 24/02/2021 14:58

In our organisation we have separate washing areas for Muslim staff. Would this be a solution?

caramac04 · 24/02/2021 14:56

I’m not Muslim but I would be uncomfortable with what your employer is proposing.
Could you ask HR to look into this?

NonnyMouse1337 · 24/02/2021 14:54

Very sorry to know you and other women are having to deal with this. This is a very clear breach of equality law around religious beliefs to me but I have no idea what recourse you have, other than maybe legal action. Many businesses are captured by transgender ideology and are imposing rules and policies that contravene the law.

Unions are bloody useless as they are captured too and unlikely to help.

It might have to come down to a court case brought by a group of Muslim women like yourself to ensure the Equality Act exemptions that allow for female only toilets are enforced properly.

Hope you will get some good advice from the many knowledgeable posters here. There will be a specific sequence of actions to take first - like a formal complaint to HR etc before resorting to legal stuff, but worth asking some very reputable solicitors who are experienced in employment law and discrimination.

Although I understand that if you and the other women are junior staff, it must feel very intimidating to try to raise these issues.

CandyLeBonBon · 24/02/2021 14:52

What an awful position to be in

OhHolyJesus · 24/02/2021 14:50

If you did a crowdfund OP I would donate and share.

This is outrageous and I really hope you challenge it, I hope you find confidence to do so as a group and take it all the way.

If I can I'll share links here later, only if they help, but do take this further. Very keen to know how it goes.

picklemewalnuts · 24/02/2021 14:50

I am appalled that you have been put in this position. Would a letter requesting the policy be reconsidered from 'Muslim women in this office' rather than anyone being named, be a possibility? It should include your unease at no longer having a single sex place to gather, and the coercion involved in this being parachuted in without consultation,

Thelnebriati · 24/02/2021 14:46

This isn't just about toilet legislation, they are acting in breach of The Equality Act. The single occupancy toilets are really for disabled people, so if they are removing women's toilets and forcing you to use the single occupancy toilets, they are discriminating against;

disabled employees.
Muslim women (and men)
Women.

(Also, toilets designated for the use of women must by law contain a sanitary waste bin.)
Really, ACAS should support you with your complaint but unfortunately they have been captured, so IDK how they would respond.

I would try ACAS first. They are free.
If they refuse to help, I would see if you can find a solicitor who specialises in equality law and discrimination.

Howzaboutye · 24/02/2021 14:46

Oh yes! MCB is an excellent idea. They've just got a new head honcho. Funnily enough a woman, who may well listen and support you.
Go for it!

Howzaboutye · 24/02/2021 14:45

You can get half an hour free at most solicitors.
Put some bullet points together from this thread to summarize the issue, and include the actual email wording from the company.
Have a chat with them and see what they suggest. It may be a letter from the solicitors is enough to kick HR I to shape and read the actual legislation rather than the stonewall PR.
That wouldn't cost too much. Or do a crowd funder for it?

Tbh we need a test case of Muslim women's rights in the UK. I know it's a bit scary, but we will all support you.
This is just unacceptable.

Outofexcuses · 24/02/2021 14:44

How about contacting the Muslim Council of Britain and asking them to contact your employers? They would surely have to take an approach from the MCB more seriously than they did your friend's.

TroubledBetty · 24/02/2021 14:42

@Ereshkigalangcleg

Asking you for consent is a form of coercion

I agree.

I wondered about that because ther would be all sorts of women with different degrees of observation of faith. Also we have clients from all over the world visit our offices and some of these will be Muslim women
OP posts:
TroubledBetty · 24/02/2021 14:40

@Howzaboutye

You could call the solicitors Leigh and Day as they might support you with approaching your company, to put them right. They do lots of work in this area. You are right, your company is wrong.
Any idea how much they would charge? I hope my community might pay for it but I don't know
OP posts:
Ereshkigalangcleg · 24/02/2021 14:34

Asking you for consent is a form of coercion

I agree.

Howzaboutye · 24/02/2021 14:33

You could call the solicitors Leigh and Day as they might support you with approaching your company, to put them right. They do lots of work in this area.
You are right, your company is wrong.

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