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Feminism: Sex and gender discussions

Help with response to workplace policy

27 replies

TissueFace · 08/02/2023 09:39

I work for a government department (I won’t name them) and a document has been shared for feedback and I need some help wording my response.

The document outlines the departments approach to Gender Identity and Intersex Policy.

Under the title “Gender expression at work” the guidance says “All individuals have the right to express their identity at work and present in their gender. This could mean using single sex toilets and other facilities appropriate to the presentation of their gender”

Under the title “Facilities” the guidance says “It is assumed that the individual knows which facilities are the best match for their gender identity and expression. Individuals should not be asked to use gender neutral facilities, it is completely their choice”

We only have single sex toilets in our office. Unlike some government offices we have not switched to unisex toilets. I am not comfortable with sharing the women’s toilets with men and based on the wording of this document anyone can use any facilities. I assume this extends to the showers and changing rooms in the gym.

The document also lists some useful external resources including a link to Stonewall. I was under the impression that central government no longer worked with Stonewall. Is that not correct?

On the plus side, the document says “[insert department name] acknowledges that some employees may believe that a person’s biological sex is immutable and does not consider such a belief to be incompatible with a working environment that is free from bullying, harassment and discrimination. Employees that hold such a belief are entitled to expect that they will not be bullied, harassed or discriminated against for holding those beliefs in the same way that they must ensure their behavior in the workplace does not amount to bullying, harassment or discrimination of transgender people.”

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TissueFace · 09/02/2023 08:29

Princessglittery · 08/02/2023 22:44

I agree forward the recent EAT assets.publishing.service.gov.uk/media/63d8076fd3bf7f252a730a11/Earl_Shilton_Town_Council_-v-_Ms_K_Miller__2023__EAT_5.pdf

The Equality Act 2010 under the sex protected characteristics contains a provision, where it can be justified, for employers to provide single sex spaces such as toilets. This is done to ensure employees privacy and dignity are preserved, it also significantly reduces the risk of females being sexually assaulted, harassed or being subjected to voyeurism. A 2018 Sunday Times investigation found – just under 90 per cent – of complaints regarding changing room sexual assaults, voyeurism or harassment reported at leisure centres and public swimming pools took place in unisex facilities. Of these, sexual attacks made up 67 per cent.fairplayforwomen.com/unisex-changing-rooms-put-women-in-danger/

The HSE sets out the minimum requirements for toilet provision by sex. www.hse.gov.uk/contact/faqs/toilets.htm

The 2021 Census for England and Wales www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/genderidentity/bulletins/genderidentityenglandandwales/census2021 included a voluntary question “Is the gender you identify with the same as your sex registered at birth?”. Overall, 45.7 million (94.0% of the population aged 16 years and over) answered the question. In total, 45.4 million (93.5%) answered “Yes” and 262,000 (0.5%) answered “No”.

As the vast majority of over 16s stated their gender is the same as their biological sex making all toilets in [department] effectively unisex is not a proportionate means of achieving a legitimate aim.

We propose that one male and one female toilet are repurposed as Unisex toilets, which anyone can use, and all other toilets are retained as single sex facilities. This is a proportionate response that reflects the vast majority of employees identify as their biological sex, protects women from harassment, voyeurism and sexual assault at work whilst also providing appropriate facilities for the small number of employees that identify as transgender or non-binary.

This is really helpful, thanks.

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TissueFace · 09/02/2023 09:25

BinturongsSmellOfPopcorn · 08/02/2023 21:40

This is helpful, although the gist of the defense seems to have been that she was forced to walk past men using the urinal and that wouldn’t be the case in my office. Currently our single sex women’s toilets are in cubicles with floor to ceiling walls and doors and there is no suggestion (yet) that the men’s and women’s toilets should be rebranded as unisex (although, in essence, this is what they are doing by saying you can choose the toilet that matches your gender identity).

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