Please or to access all these features

Feminism: Sex and gender discussions

What are the legal protections against workplace discrimination for neogenders?

32 replies

Middlelanehogger · 11/08/2023 11:07

I understand that the EqA has a protected characteristic of gender reassignment.

As a layperson I assume this means you can't for example refuse to hire someone for being a (binary, vaguely attempting to pass) transwoman, at least not without finding a different justification to point to such as qualifications.

How far does that extend to various "neogenders", e.g., can you refuse to hire someone because they claim to be catgender or cloudgender or something? Can you explicitly write down in the hiring panel notes "applicant was weird and wore cat ears, no hire"? At some point surely employers are allowed to "discriminate" on the grounds of unprofessionalism and personality and I'm wondering if there is any case law / precedent / legislation that covers this case.

OP posts:
New posts on this thread. Refresh page
PinkFootstool · 11/08/2023 23:27

MenWearOrnaments · 11/08/2023 15:52

I got talking to my boss about this at my last job, as we had a transgender male applicant (as in, a man saying he's a woman) applying to another team in the company, over in the US headquarters. We were a smaller satellite office based in London.

To my surprise, as I was tiptoeing around the topic, he told me point blank that he rejects anyone transgender as early in the hiring stage as it's possible to find out, as it's not worth the likely management problems, or the hit to the team's morale in having to walk on eggshells all the time. This was based on past experience. Of course he would always give some other vague reason not to hire, to avoid getting in trouble.

I suspect this happens a lot.

I interviewed alongside a transgendered (MTF) candidate a few years ago. They didn't get a job offer.

I'm not sure having this person working in construction-related enforcement when at 6'3", built like the proverbial, tottering in 4" heels and insisting they "pass" would have been a good opportunity for the employer. I rather suspect there would have been near daily drama, not least of all due to their inability to have a conversation about anything else except the selves during the entire assessment / interview day and turned it all around to them. Twas all very odd.

twelly · 11/08/2023 23:07

This has all become so bizarre. I feel the tide has turned and of course firms need to operate within the law but I think most people believe there are just two sex/genders and therefore anyone who identifies as something other than male or female is probably unlikely to fit into many workplaces which is a reason not to employ them as they would have an impact on the team.

Paq · 11/08/2023 22:48

It's a short step from respecting the catgender woman to having to accommodate the adult babies. I'm very comfortable with discriminating against adult babies.

stealtheatingtunnocks · 11/08/2023 21:51

PetersSpecialCheese · 11/08/2023 15:35

What in the name of fuck is cloudgender?!

Actual lol.

NicCageisnotNickCave · 11/08/2023 21:48

Marblessolveeverything · 11/08/2023 20:50

@Paq I clearly referenced the disparaging comments made in snide fashion for anything other than the typical.

My experience differs from you in that to date any neo gender self reference has been from ND person. That's my experience to date so far .

Don’t be daft.

my own kid (now an adult) has ASD, ADHD and Dyspraxia and he knows full well that you have to dress appropriately for a job interview and you can’t expect the interviewer to be happy with you if you keep bringing up your special interests.

You are letting your young people down if you aren’t telling them not to wear fancy dress to a job interview.

Middlelanehogger · 11/08/2023 21:35

My experience is similar to @Paq 's in that I work with various people who need different adjustments like quiet spaces, flexible work patterns etc, and to the extent possible we allocate tasks within the team in ways that play to our different strengths.

We are also a client-facing professional services business and at the end of the day professionalism is one of the job requirements. We're not in the public service and we're not a "return to work" training institute. (My cat gender example is hypothetical, fwiw, I'm just trying to understand the limits of the law currently)

OP posts:
Marblessolveeverything · 11/08/2023 20:50

@Paq I clearly referenced the disparaging comments made in snide fashion for anything other than the typical.

My experience differs from you in that to date any neo gender self reference has been from ND person. That's my experience to date so far .

Paq · 11/08/2023 19:34

@Marblessolveeverything frankly you do young people a disservice. I have people with neurodiversity and MH conditions in my team and (a) we work together to make sure they are contributing and being accommodated in terms of their needs (b) know what is and isn't appropriate at work and (c) would be horrified at being lumped in with catgender people.

Assuming that people with different gender/species/identities must be in some way ND or otherwise mentally ill is breathtakingly offensive no matter how you look at it.

Marblessolveeverything · 11/08/2023 18:06

@Paq reading @NicCageisnotNickCave reply makes me more aware of the absolute horrific future young ND people face. I look around me at the high number of young adults not employed.

Capable of doing the job but due to pure ignorance, prejudice and blatant ignoring equality law don't get a start. I hope society starts to call out our next episode of shameful behaviour.

I work in the public sector we support those who need access supports for a period to help them gain a foothold, over the past decade of probably 5/6 people per year only one didn't work out. Thankfully I work with decent human beings who work hard to be inclusive.

softcelltoday · 11/08/2023 15:58

The issues that nb people could cause in a workplace are not worth it. Toilet issues being a very obvious one.

I've interviewed people (not NB) and there's always a reason that can be found without being too personal.

Paq · 11/08/2023 15:58

Marblessolveeverything · 11/08/2023 15:40

I am assuming that a full assessment of the person would need to be undertaken to ensure that what you perceive as "weird" isn't ND.

If you are in recruitment it is absolutely sad to hear someone speak of potential applications in such way. What chance has young ND/non conforming people got in entering the workforce.

You do realise that surely some of these people are desperately looking to belong? Need support? But by all means go on referring to people as "weird".

It is not the employers responsibility to facilitate people's search for a sense of identity. Neurodiversity can be accommodated without making everyone pretend someone is a cat or a cloud.

NicCageisnotNickCave · 11/08/2023 15:57

Presumably you don’t wear cat ears to interviews Balloons? 😬😂

Education is really failing our youngsters if they aren’t leaving school/college with the understanding that the job interview dress code rarely calls for animal ears.

Unless it’s an interview for Playboy Bunnies? Are they still a thing in 2023?

MenWearOrnaments · 11/08/2023 15:52

I got talking to my boss about this at my last job, as we had a transgender male applicant (as in, a man saying he's a woman) applying to another team in the company, over in the US headquarters. We were a smaller satellite office based in London.

To my surprise, as I was tiptoeing around the topic, he told me point blank that he rejects anyone transgender as early in the hiring stage as it's possible to find out, as it's not worth the likely management problems, or the hit to the team's morale in having to walk on eggshells all the time. This was based on past experience. Of course he would always give some other vague reason not to hire, to avoid getting in trouble.

I suspect this happens a lot.

BalloonsInWater · 11/08/2023 15:50

I'm pretty weird (and ND), have never bothered/managed to hide it in interviews and almost always get offered the job I've applied for.

I'm extremely competent as well as easygoing though. And don't throw a strop or even bother mentioning being misgendered (which is actually pretty much daily, over email).

NicCageisnotNickCave · 11/08/2023 15:47

You do realise that surely some of these people are desperately looking to belong? Need support? But by all means go on referring to people as "weird".

Employers are looking for employees who can do the specified work and slot into the company quickly and with minimum fuss.

Of course ND people deserve support and belonging but unless the interviewer is one of great organs that exist to help give vulnerable people a springboard ‘first job’ it’s not the what the employers is interviewing in search of.

We can’t all take our whole, weird, selves into work, because nothing would ever get done.

Thisisme23 · 11/08/2023 15:47

PetersSpecialCheese · 11/08/2023 15:35

What in the name of fuck is cloudgender?!

Was going to ask exactly the same!

HarrietJet · 11/08/2023 15:44

Marblessolveeverything · 11/08/2023 15:40

I am assuming that a full assessment of the person would need to be undertaken to ensure that what you perceive as "weird" isn't ND.

If you are in recruitment it is absolutely sad to hear someone speak of potential applications in such way. What chance has young ND/non conforming people got in entering the workforce.

You do realise that surely some of these people are desperately looking to belong? Need support? But by all means go on referring to people as "weird".

Nobody tries to "belong" by announcing they're cloud or cat gender 🙄. Quite the reverse, I imagine.

Marblessolveeverything · 11/08/2023 15:40

I am assuming that a full assessment of the person would need to be undertaken to ensure that what you perceive as "weird" isn't ND.

If you are in recruitment it is absolutely sad to hear someone speak of potential applications in such way. What chance has young ND/non conforming people got in entering the workforce.

You do realise that surely some of these people are desperately looking to belong? Need support? But by all means go on referring to people as "weird".

PetersSpecialCheese · 11/08/2023 15:35

What in the name of fuck is cloudgender?!

Middlelanehogger · 11/08/2023 15:16

I assume you're allowed to discriminate against people for being "odd" in general (maybe this is not the case?)

e.g. imagine a job role which is quite hard to fill, so they're interviewing and rejecting candidates more or less independently - every couple of weeks a possible candidate comes along and is accepted/rejected on their own merits rather than choosing from a pool of them.

Scenario A - candidate is well-qualified but wears cat ears, talks about cats a lot, seems a bit odd

Scenario B - same as above, but candidate explains that they are catgender to explain their behaviour

From an HR/legal perspective are these scenarios meaningfully any different? Can you "safely" reject them in both cases?

OP posts:
CaramelMac · 11/08/2023 15:12

Dull not full

CaramelMac · 11/08/2023 15:12

I would think it would always be unwise to make any comment about a personal aspect of an interviewee lest it be seen as discriminatory. My manager didn’t give someone a job yesterday because he was so full in the interview he stopped listening to him, he still put other candidates had more experience.

Imnobody4 · 11/08/2023 14:46

Legally I think you'd have to do what Maya did ‐ establish that their belief is protected by law. Non binary isn't but if you were a 'non binary' woman you could sue if they turned you down for being a woman who wouldn't wear high heels.

This is what the vegan chap did.

Paq · 11/08/2023 13:07

Gender identity is not a protected characteristic. However, experienced recruiters know not to write anything ever that could be construed as discriminatory. I stick to "a strong applicant but ultimately lost out to the successful candidate who demonstrated skills, knowledge, experience and aptitude that more closely matched the role."

DiabolicalFinial · 11/08/2023 12:51

PermanentTemporary · 11/08/2023 11:42

I would want to know that you were giving candidates a decent chance to showcase their relevant skills. If you hone in on everyone's weirdest aspect, you'd never hire anyone. It was really only a few years ago that any visible tattoo at all would have a lot of careers advisers insisting you'd never get a job. Now it's totally normal for employees to have a visible sleeve etc. By all means have a dress code at work and if the person appears wearing cat ears which contravenes the dress code, discuss that. Likewise if they're unable to get through an interview without asking if you've accepted Jesus as your personal saviour or whether you believe 9/11 was an inside job, you'd have a legit query on whether they can manage customer service. But somebody's weird belief that they wouldn't normally bring up - who cares?

Are you seriously suggesting that unless there is a dress code specifically banning the wearing of cat ears, it shouldn’t be an issue?
Also - if someone wears cat ears and insists on being ‘catgender’, then they have definitely brought it up as an issue themselves!

Swipe left for the next trending thread