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Feminism: Sex and gender discussions

What are the legal protections against workplace discrimination for neogenders?

32 replies

Middlelanehogger · 11/08/2023 11:07

I understand that the EqA has a protected characteristic of gender reassignment.

As a layperson I assume this means you can't for example refuse to hire someone for being a (binary, vaguely attempting to pass) transwoman, at least not without finding a different justification to point to such as qualifications.

How far does that extend to various "neogenders", e.g., can you refuse to hire someone because they claim to be catgender or cloudgender or something? Can you explicitly write down in the hiring panel notes "applicant was weird and wore cat ears, no hire"? At some point surely employers are allowed to "discriminate" on the grounds of unprofessionalism and personality and I'm wondering if there is any case law / precedent / legislation that covers this case.

OP posts:
Marblessolveeverything · 11/08/2023 20:50

@Paq I clearly referenced the disparaging comments made in snide fashion for anything other than the typical.

My experience differs from you in that to date any neo gender self reference has been from ND person. That's my experience to date so far .

Middlelanehogger · 11/08/2023 21:35

My experience is similar to @Paq 's in that I work with various people who need different adjustments like quiet spaces, flexible work patterns etc, and to the extent possible we allocate tasks within the team in ways that play to our different strengths.

We are also a client-facing professional services business and at the end of the day professionalism is one of the job requirements. We're not in the public service and we're not a "return to work" training institute. (My cat gender example is hypothetical, fwiw, I'm just trying to understand the limits of the law currently)

OP posts:
NicCageisnotNickCave · 11/08/2023 21:48

Marblessolveeverything · 11/08/2023 20:50

@Paq I clearly referenced the disparaging comments made in snide fashion for anything other than the typical.

My experience differs from you in that to date any neo gender self reference has been from ND person. That's my experience to date so far .

Don’t be daft.

my own kid (now an adult) has ASD, ADHD and Dyspraxia and he knows full well that you have to dress appropriately for a job interview and you can’t expect the interviewer to be happy with you if you keep bringing up your special interests.

You are letting your young people down if you aren’t telling them not to wear fancy dress to a job interview.

stealtheatingtunnocks · 11/08/2023 21:51

PetersSpecialCheese · 11/08/2023 15:35

What in the name of fuck is cloudgender?!

Actual lol.

Paq · 11/08/2023 22:48

It's a short step from respecting the catgender woman to having to accommodate the adult babies. I'm very comfortable with discriminating against adult babies.

twelly · 11/08/2023 23:07

This has all become so bizarre. I feel the tide has turned and of course firms need to operate within the law but I think most people believe there are just two sex/genders and therefore anyone who identifies as something other than male or female is probably unlikely to fit into many workplaces which is a reason not to employ them as they would have an impact on the team.

PinkFootstool · 11/08/2023 23:27

MenWearOrnaments · 11/08/2023 15:52

I got talking to my boss about this at my last job, as we had a transgender male applicant (as in, a man saying he's a woman) applying to another team in the company, over in the US headquarters. We were a smaller satellite office based in London.

To my surprise, as I was tiptoeing around the topic, he told me point blank that he rejects anyone transgender as early in the hiring stage as it's possible to find out, as it's not worth the likely management problems, or the hit to the team's morale in having to walk on eggshells all the time. This was based on past experience. Of course he would always give some other vague reason not to hire, to avoid getting in trouble.

I suspect this happens a lot.

I interviewed alongside a transgendered (MTF) candidate a few years ago. They didn't get a job offer.

I'm not sure having this person working in construction-related enforcement when at 6'3", built like the proverbial, tottering in 4" heels and insisting they "pass" would have been a good opportunity for the employer. I rather suspect there would have been near daily drama, not least of all due to their inability to have a conversation about anything else except the selves during the entire assessment / interview day and turned it all around to them. Twas all very odd.

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