While I agree that rights need to be enshrined in law, there is a lot of truth in the fact that societal rules of decency have been profoundly eroded.
Upton, for example, had he been a decent human being, would never have inflicted himself on women, but even if he wasn’t, in the past, societal norms would have put pressure on him not to go in there.
That ED doesn’t believed Upton is a woman is clear from the fact that she said she would have liked to have warned women he would be in their changing room. Had she been in a normal societal situation, she would have been able to politely challenge his presence on behalf of her staff and there could have been a polite, common sense discussion about the policy and whether it was reasonable.
There’s a lot to be said for decency and common sense. They cover a lot of situations where there isn’t legal clarity . They’ve been severely undermined in our society, to our detriment. It’s often been pointed out, for example, that toilets (other than presumably in workplaces) have never been covered by a legal requirement, relating to sex. It’s always been societal norms that meant men did not invade the women’s. Good manners and decency are what kept men out, even if. Current social engineering has offered predatory men an opportunity, while at the same time deeming it “bad manners” to challenge him.
The law is a blunt tool. All the people who would have politely challenged him have been muzzled and that isn’t down to the law. A bit of common sense and decency could equally have ensured Upton would never have made it into the women’s, whatever the law says, as it was so obvious women would be upset. Nobody reasonable would think a policy that upset tens of women in order to cater to one man’s desire could ever be fair.