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Feminism: Sex and gender discussions

Civil Service Trans policy - what can I do?

360 replies

DoxxMeTwice · 28/02/2019 14:44

Following an awful "workplace inclusion" meeting today I was prompted to check out my work policy for Trans (link below).

I work for the Civil Service ( name changed, as I was previously doxed and can't risk it here).

Page 31 is particularly bad, I feel like it implies that any woman who objects to sharing single sex facilities will be disciplined for being discriminatory.

This policy is clearly being put into practice as during my meeting today it was discussed that a Trans Woman was left hurt and embarrassed recently after a woman did an immediate u-turn out of the toilets when she saw them. It was stated as a gentle warning to others to consider trans feelings.

The woman's feelings were not considered at all, though I expect she has probably since been vilified in her local office!

Does anyone have any real life examples of policies like this being successfully challenged by using EHRC/Equalities act??

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/503663/WorkplaceeGuideCSEPPrevisedFinallV1.pdf

OP posts:
MillytantForceit · 28/02/2019 18:15

Sadly, Mr Javid's makes it clear that under parliamentary rules, he is only able to respond to emails from his own constituents and I don't live in Bromsgrove.

Total Crap

Make it clear you are writing to him in his official capacity as Home Secretary, a job whose salary is paid by your taexes and mine.

A minion will answer you, but it will be on file that he received it.

FermatsTheorem · 28/02/2019 18:19

Singing - write to Javid via his Home Office email rather than his constituency one. In his capacity as a minister, he is obliged to answer any voter's questions, not just the voters in his own constituency.

SingingLily · 28/02/2019 18:19

Thank you, Millytant. I'll send it again but put in a new first paragraph making that crystal clear.

FermatsTheorem · 28/02/2019 18:19

Cross post with Milly!

R0wantrees · 28/02/2019 18:22

There was a thread last year when someone with law background said that there were requirements for single sex toilets in separate workplace legislation. Its in the context of unisex/ mixed toilet provision but might be worth looking at:

AllyMcBeagle Tue 08-May-18 13:14:37
"I would ask them how they are complying with the reg 20 of the Workplace (Health, Safety and Welfare) Regulations 1992
www.legislation.gov.uk/uksi/1992/3004/regulation/20/made

Not my area of law but I understand this provision is interpreted as requiring separate rooms (floor to ceiling cubicles is not enough)."

www.mumsnet.com/Talk/womens_rights/3243189-Uncomfortable-about-unisex-toilets-at-work?pg=2

see also:
It was discussed with regards some male students unhappiness here:
www.mumsnet.com/Talk/womens_rights/3241624-dirty-protest-over-somerville-college-oxford-s-gender-neutral-loos

& some women's unhappiness here:
www.mumsnet.com/Talk/womens_rights/3237230-NUS-Conference-breaks-down-after-the-UK-Border-Force-Arrive

thread discussed some of the reasons women use public loos:
www.mumsnet.com/Talk/womens_rights/3203454-What-do-you-use-the-womens-toilets-for

Clara Greed is expert in toilet provisions and spoke at WPUK Bath (its a fascinating speech)
www.mumsnet.com/Talk/womens_rights/3427591-WPUK-Bath-fascinating-important-speech-by-Clara-Greed-Professor-of-Inclusive-Urban-Planning-specialist-in-toilet-provision-with-particular-emphasis-upon-womens-needs

Also with regards the misapplication of the Equality Act 2010, Cambridge City Council eventually recognised that the incorrect transgender provision addded which was pushed through by Cllr Sarah Bown (also Stonewall & LibDems) was incorrect. It was challenged by Anne Sinnott

www.mumsnet.com/Talk/womens_rights/3322389-labour-councillor-quits-in-row-over-facilities-for-trans-people-the-times

www.mumsnet.com/Talk/womens_rights/3376567-anne-sinnott-vindicated-she-was-right

userschmoozer · 28/02/2019 18:26

Its in breach of equality legislation so its not legally binding. They can't enforce it, and they cant legally penalise staff who abide by the law.

NicoAndTheNiners · 28/02/2019 18:26

We're very woke at work and have single occupant non sex specific toilets. Which I was fine with at first but have now realised how grim they are with piss all over the floor, seat, front of the toilet, etc.

I was hovering over the piss yesterday and pissed down my leg and added to the puddle on the floor. Hate using the toilets at work.

truthisarevolutionaryact · 28/02/2019 18:27

Not only are government offices increasingly moving to mixed sex toilets (there's a creep at the DfE who is renowned for removing sex segregated spaces for women) but now women are being policed by the same dodgy men for our behaviour when entering women's toilets. The level of intrusion and appropriation knows no bounds.

Serial bullying and intimidation of women in the workplace.

NeurotrashWarrior · 28/02/2019 18:28

I'd be tempted to put patronising signs up and colour changing wee aim spots in those.

R0wantrees · 28/02/2019 18:29

If you haven't already, check other HR policies to check that the actual Equality Act 2010 is correctly quoted there are specific protected characteristics. Sex is one, Gender reassignment is another. Gender and Gender Identity are not. Many policies including in public services, councils etc were misquoting their original Diversity and Inclusion policies so its unsurprising that there was confusion with the application.

There's information here about how Councils were successfully challenged about their incorrect policies:
womansplaceuk.org/sex-is-a-protected-characteristic/

Transactivists have lobbied to remove single sex ememptions but this has not (yet?) happened.
womansplaceuk.org/references-to-removal-of-single-sex-exemptions/

Ali1cedowntherabbithole · 28/02/2019 18:30

It's chilling that objectors will be offered education by management.

And outrageous that biological women may be searched by biologically intact makes.

It's denying biology again.

NotAnotherJaffaCake · 28/02/2019 18:32

Does a:gender have a Twitter account? Time for them to receive a bit of sunlight...

ColeHawlins · 28/02/2019 18:40

So If trans individual in question is one of these "I just wake up in the morning and see how I feel" types with two alternate gender identities, do HR have to agree "a date from which they will use sanitary facilities" every time?! Possibly every day? Shock

MillytantForceit · 28/02/2019 18:42

Does a:gender have a Twitter account?

Oh Yes

See Page 52:

a:gender is the support network for staff in government departments/agencies who have changed or need to change permanently their perceived gender, or who identify as intersex.
Telephone: 0787 614 5411
Email: [email protected]
Website: www.agender.org.uk
Twitter: @agendergovuk
Address:
Vulcan House
Ground Floor Iron
6 Millsands
Sheffield
S3 8NU

R0wantrees · 28/02/2019 18:44

Professor Rosa Freedman's speech at recent 'For Women in Scotland' event which identifies that women's Human Rights legislation is specific to sex:

(extract)
"In 1967 the UN Commission on the Status of Women took the ground-breaking step of adopting the Declaration on the Elimination of Discrimination against Women. That was followed in 1979 by the Convention on the Elimination of All Forms of Discrimination against Women. And an accountability mechanism was created – CEDAW -- to review and implement that Convention in States that signed up to it.
The advancement of women’s rights has continued with further ground-breaking moments. At the same time, despite much focus on ending discrimination and advancing women’s equality, and the increasing focus on violence against women and girls, we remain in a world where women are subjugated in many parts of the world, and denied their fundamental rights both in law and in practice. The fight for women to have specific protections has paved the way for other vulnerable groups to do the same.
The very idea of having specific protections for groups who face particular risk is no longer viewed as undermining the very nature of human rights. Since the creation of specific instruments and mechanisms for women similar steps have been taken for children, persons with disabilities, racial minorities, migrant workers, and others.
There is now clear understanding that the risks faced by members of such groups means that they require specific protection in law and practice. Although of course just because such an understanding exists, and just because States formally accept obligations by ratifying treaties, does not mean that changes on the ground are forthcoming. But it gives those groups tools for lobbying for effective change, which is at the heart of human rights advocacy and work. In international human rights law the word ‘women’ has been defined as referring to biological sex.
This was the definition in various international human rights treaties and discussions, including recently in 1998 in the Rome Statute creating the International Criminal Court where it makes it explicit that the word ‘gender’ refers to the two biological sex classes of male and female

concludes:
None of us has the answers as to what will happen. But what is clear from international human rights law is that women’s rights must be protected, and that the UK has legal obligations to do so. In the UK the relationship between the Gender Recognition Act and the Equality Act is such that it is unclear how sex-segregated exemptions might be retained. Indeed, we already know that many of those exemptions are being ignored in practice despite this violating human rights of women.
What we need is clarity. Clarity in terms of the law. Clarity in terms of definitions. We need proposals for solutions that will uphold the rights of all individuals, including the specific protections afforded in human rights law to vulnerable groups. And we need the UK to remember that it is party to international human rights treaties that require it to protect our sex-based rights."

forwomen.scot/wp-content/uploads/2019/02/Rosa-Freedman-FWS.pdf

twitter thread with links to Prof Freedman's articles & speeches:
twitter.com/GoonerProf/status/1092580370439127040

DoctoressPlague · 28/02/2019 18:44

a:gender
@agendergovuk

We are the network supporting all trans, non binary and intersex staff across Government Departments and Agencies. Friends and Allies welcome.

and

Civil Service LGBT+ Network
@cslgbt

The Civil Service LGBT+ Network helps to create a more diverse, inclusive and equal place to work for lesbian, gay, bisexual and trans civil servants.

Why is trans part of both?

Knicknackpaddyflak · 28/02/2019 18:46

MP written to. Again.

dontdoxmeeither · 28/02/2019 18:46

@DoxxMeTwice

Civil Servant also here (under obvious name change Wink)

I'm also horrified. Not new to GC thinking on here and Twitter but rarely post because...well...Civil Service as you know 😡

I've been doing some very recent reading on Stonewall and the CS. Very scary.

Anything I can do to help then pm me (will it still reach me with N/C etc???) though I'm unable to put neck on line as personal circumstances mean I really need to keep this job Sad

R0wantrees · 28/02/2019 18:46

I'm sure any women's network will also include women who are transgender and anyone idenifying as Non-Binary.

NeurotrashWarrior · 28/02/2019 18:49

Is it at all possible the woman was confusing trans with intersex?

ColeHawlins · 28/02/2019 18:51

(will it still reach me with N/C etc???)

Yes it will.

Loving these civil service pseudonyms Smile

DoctoressPlague · 28/02/2019 18:51

Naturally, R0.
Trans = Access All Areas

PhrixPhrox · 28/02/2019 19:03

I've asked around for advice:-

Approach the union saying that you feel that the employer has created a hostile environment on the grounds of sex. It’s sexual harassment.

Union is duty bound to rep its members. If not then you have a claim against the union for sex discrimination; although don’t go in hard yet.

Are there a good number of you in the union? This is industrial relations territory.

Some women (non employees so not going to be intimidated) could leaflet outside the office and ask others who wish to object via the union to do so. Help will be available from GC sources to create wording for their complaint in the leaflet so it’s difficult for the union to shrug off.

The union has an obligation to keep complaints confidential and also act in best interests of their members. They might not like it but that’s irrelevant. Probably easier (emotionally) to sue the union for discrimination.

Ereshkigal · 28/02/2019 19:04

Nothing useful to suggest, sorry, but that’s awful and makes me so angry.

Women being punished for wanting/having boundaries. Women’s feelings criminalised. Women (and girls in schools) being taught - yet again - that we are not entitled to prioritise our own feelings of discomfort or fear, but must always put the delicate sensibilities of a male first.

Not only are we supposed to share our single sex spaces, they demand that we act happy about it too?

I honestly believe this culture is actually evil.

That's what I felt when those awful "if you see someone in the toilets who you think doesn't belong there, don't react, they know better than you" posters came out.

It's deeply oppressive to women and girls. It's making us walk on eggshells and I believe that is deliberate.

Ereshkigal · 28/02/2019 19:05

That's horrifying. So we have to be compliant, acquiescing and smilingly docile in our own oppression and erosion of boundaries?

Yes.

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