Identifies as a female

[Skatewing]

I have a genuine question.
this is a job application that requires personal care for a woman.

Is "identifies as a female" now allowed?
Does somebody that genuinely has a penis that identifies as a female not allowed to be refused on that basis?

I wonder if the woman who needs a carer knows that the job has been advertised that way?

I wouldn't employ someone who 'identifies' as a female in any female role.

There is no requirement there to include a transperson because the relevant protected characteristic is SEX.

Could be advertised that way to avoid discrimination claims when not wanting a man

You can legally exclude any man in these circumstances, regardless of his gendered feelings.

That is awful. It is misrepresenting the Equality Act 2010 which allows for single sex exemptions not single gender.

I hope whoever is being cared for ends up with a female carer.

You can advertise for female only

I am not sure you can legally advertise for "identifying as female " because that would include some women and some men

It isn't part of the equality act which effectively says when / how you can discriminate and identity isn't one of them

The vulnerable are disposable. Its more important to appear inclusive and validate the feelings of males than it is to protect the safety and dignity of those who are unable to take care of themselves.

They've gone for "woman" and now they want "female".

Resist this gaslighting shit.

I wrote a long reply and the internet ate it. Try again.

The family of the female requiring care need to know that the care provider has made this position mixed sex.

Here is a daily mail article about families bumping up against the blurring of sex and gender in the sphere of intimate care for loved ones earlier this year.

www.dailymail.co.uk/news/article-11040417/Families-shocked-biological-males-allowed-provide-intimate-care-vulnerable-women.html

Vulnerable women are disposable.

Has anyone ever seen a post involving intimate care advertised to 'people who identify as male?' Willing to be corrected if I'm missing something, but I've never seen such an ad.

So beyond sick of this BS.

Oh ffs. At what point did the right of a vulnerable woman needing intimate help that she was comfortable with get discounted for pandering to this crap?

I’d feel pretty confident in betting that this provider doesn’t specify “identifies as male” on corresponding adverts for carers for male clients.

It’s women’s safety and genuine concerns which are put to one side like this, very rarely men’s.

The argument is that women also the care of the vulnerable males. of course the fact that the uptake of the caring roles amongst men is something that women should pay for with their dignity as some kind of point proving. As opposed to men getting over themselves and seeing care work as valuable amd worthy of respect and a role that men can and should undertake.

Found the job ad. Went into a link for further details about the requirements and found this

“Comfortable working in an environment where LGBTQ+, anti-racism, environmental and disability activism are taking place”

Could explain the wording.

Stomach churning, gaslighting bullshit.

The protected characteristic as per the EA is SEX. Identifies as - WTF 😡

Ugh. An obvious point, and one I'd have hoped we should have moved beyond. I should have thought of this one, shouldn't I?

Plus ça change, plus c’est la même chose.

But it's standard to say female only under xyz legislation.

If I was the service user and specifically asked for a female carer I'd be furious if I was given an "I identify as female"

I work for a person who is in a wheelchair and has full time live in carers and he's always had male carers. This time when we advertised for one we were told (by a well known Employment agency who have a very annoying slogan) that he was not allowed to state he wanted male applicants and that he'd be discriminatory to say so.

As the parent of a disabled adult, this worries me greatly. My DD has a daily career who helps her with personal hygiene. Is she still able to request a woman or is the care agency is in it’s rights to send anyone who identifies as a woman?

^^ Well they were wrong

Employment agency who have a very annoying slogan) that he was not allowed to state he wanted male applicants and that he'd be discriminatory to say so

This is a lie. The law as they wish it was but not how it is. Gas lighting bullshit.

*Roundandnour · Today 13:17
Found the job ad. Went into a link for further details about the requirements and found this

“Comfortable working in an environment where LGBTQ+, anti-racism, environmental and disability activism are taking place”

Could explain the wording.*

That may be the companies policy rather than the individual receiving the care.
If the person receiving the care had no objection to either a male of female providing that care then there would be no need to specify.

No, they cannot use the occupational exemptions of the Equality Act 2010 to ask for 'someone who identifies as a female' - www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/26/1#:~:text=The%20exception%20applies%20where%20being,sex%2C%20does%20not%20meet%20it

As an example which is given in the document linked above - rape crisis centres can lawfully exclude transwomen (even those with a GRC) because they are male because of the needs, safety and dignity of their clients.

Mind you, they may invoke the Occupational Requirement, completely ignore it and hire a male anyway as Edinburgh Rape Crisis Centre did (shamefully).

That's bollocks. It's very common to only ask for male or female in the care sector especially when it's involves the vulnerable.

That’s disgusting, how dare they.

Why why why isn't legal stuff written in plain English?

I am educated. I am well read. What the heck does "Schedule 9 (part 1) of the Act provides that in certain circumstances it is lawful for an employer to apply a requirement to have a particular protected characteristic where, having regard to the nature or context of the work; there is an occupational requirement, the application of the requirement is a proportionate means of achieving a legitimate aim and the applicant does not meet the requirement, or (except in the case of sex) the employer has reasonable grounds for not being satisfied that the person meets the requirement." actually mean?

I know can read up, but it's really not helpful to just dump "in accordance with bla bla bla" in a job ad when it's very hard to interpret what it means.