Writing edi policy question

[Wildhorses2244]

I’m writing an edi policy for an organisation that I’m working for.

Im looking to include a paragraph which describes how you prioritise when there is a conflict of rights.

In particular it needs to address the womens rights / trans rights debate but should also work in cases where there are eg conflicts between adjustments you’d make for people etc.

Ideally I’m looking for some sort of hierarchy of needs and a description of a process to follow to determine the place in the hierarchy when for example, you have a trans woman asking to be accommodated as a woman and a Muslim woman requiring single sex space.

The organisation is quite uninvolved in the whole debate, but working in a sector which is very captured so needs to be clearly fair.

Does anyone have anything like that that they would be willing to share? Feel free to pm if you’d rather…

Fascinating OP. Not an expert but I'd be wary giving case studies unless you lift them direct from government guidance.
Lawyers are making a fortune out of our contradictory obscure legislation around equalities. I'd be wary of identifying a hierarchy (much as I want to) because so much of this depends on lawyers. Employers need to make reasonable adjustments but is there any guidance that this protected characteristic trumps that one? I'm not sure there is and so trying to implement /enforce one could open you up to challenge from the terminally argumentative.

Employers can simply state that there is single sex provision (changing rooms, showers etc) as well as some mixed sex (for those keen in sharing with the opposite sex).

Interested to see what the view is from those better versed in the law.

There is no heirarchy of protected characteristics.

You could try giving some examples (although I agree you need to stick very closely to what is in official guidance for the EA, and probably run them past a lawyer or 3) but each case would need to be looked at individually rather than just following a checklist of A-trumps-B.

How To Reconcile The Seemingly Irreconcilable — FiLiA
does this help?

The best advice would probably be to refer to your legal!

The single sex exemptions in the Equality Act should be mentioned - the fact they exist shows that parliament did recognise that there would be times when sex differences matter.

Thank you everyone, that’s really good food for thought.

Yes, I agree about not including examples - ideally I wouldn’t want this challenged unless we were in a situation where it needed to be.

Perhaps hierarchy was the wrong word to use in the op. I guess I’m looking for a framework which says something like - when there are two competing rights we first look to see if there is a law around it and if so follow the law. Then we look to see if possible to meet both needs and if so do that. Then we consider physical safety and if there’s a risk. Then we consider psychological safety etc etc.

So, in the toilet example these would remain single sex because that’s the law. In a case where there is only the option to have either a lift or stairs in the building it would find in favour of someone in a wheelchair having a lift over someone with anxiety who doesn’t like lifts.

If anyone has anything like that in their edi policies id be very greatful. The policy will go past the lawyers before it’s signed off but it’s an area I’m keen to retain control over this so don’t want to send it until I’ve got everything in it that I want for them to check rather than asking advice if that makes sense

That article looks useful @princessleah1 thank you - I’ll take a read.

Would it help to focus on rights? I think TRAs go beyond what most consider would constitute 'dignity' and demand 'affirmation'. It is my view that we should treat people, when they are acting within the law, with dignity. We don't need to respect them as individuals , but our behaviour (in the workplace) should be respectful.

I wonder if the document could define and give example of respect and dignity that give room for not acquiescing to every demand?

The loo example. We provide toilet facilities for those who prefer facilities that are segregated by natal sex and gender neutral facilities for those who do not want their natal sex to determine access. We require staff to respect these rules use the facilities in line with the rules