What does 'transgender status' mean?

[JellySlice]

My local council state the protected characteristics correctly on the cover of their Equal Opportunities Policy, but in the text have changed Gender Reassignment to Transgender Status. What does this mean? Are they legally allowed to change the wording in this way?

I think they can choose what status needs to uphold but only in addition to, not in place of the legal protected characteristics. Someone smarter than me will be along shortly to help I'm sure.

As far as I can tell, the emerging language of 'transgender status' is a more ephemeral category than 'gender reassigment' that essentially means you consider yourself under the trans umbrella and is no more specific than that. That means it would cover all the really quirky stuff like non binary people and gender fluid Phillip Bunce types.

It has no meaning in law whatsoever, though someone with more expertise will no doubt be able to flesh that out more.

You mean they can make the law up. Who'd have known? So protected characteristic of Aryan master race would be just fine (and leaving out those you don't want to protect like sex). Complain.

People with a GRC are treated as their acquired legal gender and don't have to disclose theoir status under normal circs, so IDK what they are thinking asking people to disclose if they are trans. Why would they need to know?

I asked the EHRC in Scotland this very question and the answer was unequivocal: no council may change the wording of the law. The only way the protected characteristics can be changed would be by an act of parliament.

However, it is perfectly legal for a council to add a characteristic that may be important locally in addition to the protected characteristics from the EqA.

"Transgender status" as a phrase in a survey for instance is not that bad in my view, as it merely asks whether you are or consider yourself trans. Not sure the non-binaries would be happy with this though.

As others have said, I think they can add any characteristics they like, as long as they include the ones in the Equality Act.

But if they are going to add something like 'transgender status' they should be clear about what this means, with a proper definition. They can't just use it instead of the protected characteristic of 'gender reassignment'.

It’s getting to the point where It seems everyone can claim transgender status, given that “gender non-conforming” counts.

Possibly the more who do that the better. Queering queer theory, so to speak.

How do I challenge this?

BTW they pay my salary.

Tweet them from an anon account? Wpuk did a series of these a while ago. You could copy them in and hope other people challenge it too.
We need to put pressure on the authorities and their ignorance of the law.
It's simply unacceptable that they can just change legal wording!

They can’t delete or replace a protected characteristic from their policy. The 9 protected characteristics are written into law.

Transgender status is meaningless in law. It is not legally protected or even recognised as a characteristic.

Challenge it by referencing the Equality Act and asking why they are misrepresenting it to the public.