Muslim women and trans policies in the workplace

[TroubledBetty]

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

[quote andyoldlabour]"You could call the solicitors Leigh and Day"

I see that Leigh&Day are a Stonewall Diversity Champion.

www.leighday.co.uk/diversity-and-inclusion-at-leigh-day/[/quote]
Our policy was developed by 'Stonewall and staff'

It was in tiny writing and I missed it earlier. I hadn't heard of them until a few weeks ago

I don't understand your first post then.

I'm not a lawyer, but I would have thought you may have a better chance to fight this under the Equality Act provisions for Religious Belief, rather than the Gender/Sex argument, given how thorougly captured so many institutions are.

It is an egregious state of affairs that this is the current state of the world for many many women. How did we get to a situation where the wants of probably 1% of the population dictate the needs of 51%? What sort of society are we creating?

[quote Thelnebriati]Gottalife
Single sex sleeping and bathroom accommodations are legal on the grounds of privacy. There's no need for any court case, its set out in The Equality Act.
The fact that transsexual people can be included in this exemption acknowledges that their biological sex is not the same as gender identity or a newly acquired legal sex status.

''Effect
997.This paragraph provides an exception to the general prohibition of sex and gender reassignment discrimination. It allows communal accommodation to be restricted to one sex only...''

''Examples
A hostel only accepts male guests. It is not unlawful for it to refuse to accept female guests because the majority of the bedrooms are shared and there is only one communal bathroom.''

www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/40/3[/quote]
I've been reading and listening to a lot this afternoon including a Select Committee meeting last week.

Is the word 'exemption' or 'exception'?

I'm sorry you're in this position TroubledBetty. You are right of course that your employer's new policy breaches your rights. And I understand why you are nervous about raising your concerns with the company, especially as a junior member of staff. You don't have to be nervous about asking us for help though. No matter what I think about how the Abrahamic religions treat women, I respect your choice to practice your religion and will defend your right to have your specific needs met for a single-sex space where you can wash before you pray. Much more importantly, so does the law.

That's why you have two protected characteristics under the Equality Act - religion and sex - on whose basis your employer's new policy breaches your rights.

Your employer's answer sounds like a reference to so-called unisex toilets. These must come off a main corridor, not an enclosed room, and are for the use of either sex but only one person at a time. (This is the most common form that accessible toilets come in.)

Such unisex toilets are not, strictly speaking, mixed-sex, because there is no room for people of both sexes to use the same cubicle at the same time. They are single-entry.

The facility your employer describes is a multi-entry version of sanitary facilities, which usually have shared wash-basins (but not in this case). So even what they describe here does not meet the standard for unisex toilets, because you are in an enclosed space with a male person.

However, much more important is that you say the facilities available to you are of the much more common multi-entry version that single-sex toilets come in. So that is what you focus on.

The toilets available to you have shared wash-basins and your employer cannot therefore bat away your concerns by talking about completely different facilities.

Before taking this further, I would recommend reading the links posted by others and learning about the Equality Act. Also, I would not immediately write off your union, if you are a member of one. Yes, those who run the unions endorse and promote self-id, but your union rep may not. That's certainly been the experience of other women who turned to their union for support. (Some have indeed found their union rep to be wholly unhelpful, but I would at least try to speak to yours - if you have one.)

Don't lose hope!

You could ask for a copy of their Equality Impact Assessment.

@titchy
Assuming they bothered to do one.

I suggest you get together with other Muslim women at your workplace and bring a grievance. Ask the company whether there was an equality impact assessment. There probably wasn't - why not? Get advice on bringing a claim for religious discrimination (indirect discrimination). Do it together, and you should be able to get some initial free advice and then possibly a no win no fee agreement from a specialist employment law solicitor. If you're treated badly for bringing or considering bringing a claim, that's another possible claim.
Probably the first thing to do is to set up an appointment with am employment law solicitor - check that it's a free initial interview, and check that they specialise in discrimination law.

The Equality Impact Assessment is this a procedure that must have taken place in law? Why and is there a resource I can read to find out about this?

@TroubledBetty

The Equality Impact Assessment is this a procedure that must have taken place in law? Why and is there a resource I can read to find out about this?

I think it is obligatory for public bodies (NHS, councils etc) to carry out an EIA when changing any policy but good practice for any employer to ensure that changes they make are not inadvertently disadvantaging any particular protected characteristic.

It is worth asking for one, and maybe find out if the company does them generally for other policy changes so if they haven't for this case, you can ask why they are not following normal procedure.

It may also be worth you sounding out Muslim male colleagues who may be equally as uncomfortable at the possibility of encountering females in the men’s toilets. Whilst it’s significantly less likely it’s a now a possibility with that statement.

I would contribute if you decided to take them to court. I’ve Muslim relatives and I’ve raised my concerns over the impact to Muslims if toilets are made mixed sex. (I did try raising this with the EHRC when theatres changed their toilets but they were dismissive of my concerns)

@MissBarbary
At Muslim homes I've visited, people have a jug or hand held bidet next to the toilet for washing private parts. I think OP was just explaining the washing in general, rather than saying that private parts are washed in the communal sinks!

Sorry you’re in this situation OP. You surely can’t be the only Muslim woman troubled by this, and certainly not the only woman, and I suspect this is happening in workplaces and public spaces more and more frequently.
I wish we had some sort of template letter for any organisations trying to illegally change toilets that you could use in the first instance, that quoted the relevant equality legislation and requirements, to see if this information scared them off without the need for escalation.

I've no practical advice or experience.
It is awful how women are expected to share a private space with the opposite sex under the guises of acceptance.
Surely they must respect your religious views too.

I didn't know and Leigh Day diversity champions but they have taken on 2 really important cases and won on the basis of sex discrimination.

Sorry hit enter too soon.

It looks as if their diveristy training didn't go to well in terms of meeting Stonewall standards! They say:

" ... If you have been treated unfairly because of your age, race, sex, maternity, sexual orientation, religion or disability, we can help. ... "

Which cases did they win?

I think it is obligatory for public bodies (NHS, councils etc) to carry out an EIA when changing any policy

Sadly it isn't. But they are required to ensure Public Sector Equality Duty is met, and if challenged it wouldn't look good that an EIA or similar exercise hadn't been done.

You’ve had some excellent advice so far. I’m sorry you’re having to deal with this. I’d happily donate to a legal challenge if you need one.

Yes, it's worth asking for details of an EIA, even if one wasn't done, as that in itself can form part of the basis for a claim of discrimination.

TroubledBetty, I support you 100%

It's ridiculous that you have to justify yourself, OP. It doesn't matter whether you are a Muslim or not. You are female and should be able to say 'I don't consent to males in female toilets' for any reason at all. No explanation necessary.

Nevertheless I hope that being Muslim makes it easier for them listen to you. There is some good advice on this thread.

@SomersetHamlyn

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

Do you know Nisa nashim?

This is not true.

Leigh Day are full trans, they won’t support women.

This has been inevitable for some time, particularly the issue about adjusting hijab with the potential for a male to walk in at any time.

They are in breach of health and safety regs which requires single sex toilets if they are multiple occupancy stalls.

They are likely to be in breach of the Equality Act - they are imposing a provision, criterion or practice which disproportionately impacts on 3 protected characteristics- sex, race and religious belief. They could easily get round this by retaining single sex facilities as well as offering some mixed sex toilets for those who want them.

You need to start with a strongly worded letter to the HR director (can be anonymous), and many companies will offer an anonymous whistleblower line as well. If that does work, I reckon Employment lawyers Ralph Robinson might be prepared to take it on.