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The Gender Equality Duty (GED) is the biggest change in sex equality in 30 years. The equality act 2006 amends the sex discrimination act 1975 and requires public organisations to create and implement proactive Policies and associated Schemes to ensure true gender equality within their workplace or training environment.
This duty requires public authorities to promote equality between women and men and eliminate unlawful sex discrimination and harrassment. This means the public sector will have to develop policies, design services and have employment practices with the different needs of women and men in mind. It also applies to a public authority with regard to services and functions which are contracted out.
Transsexual People are specifically included within this duty. This relatively small minority is very much misunderstood, despite their growing presence in our everyday society that has come about with changes in both social attitude and in the law.
The Equality and Human Rights Commission has published essential guidance in the form of a document called:
Meeting the gender duty for transsexual staff
Which can be found on their website here:
Equalily and Human Rights Commission resources page
Sections of this guidance have been copied below, in order to indicate some of the areas which may cause concern in public authorities and other organisations. This includes the extension of good practice to include and cover transgender people as well as those classified as transsexual, without clear definition of what the difference is, or how that good practice may be developed to include both.
The definition of "transsexual" used in the gender equality duty is the same as that in the Sex Discrimination Act (SDA), but it is recommended as good practice that you apply any provisions for transsexual people to those who define as transgender as well.
The duties that are laid out below, in reference to transsexual and transgender people, also needs clear pathways and Schemes which need professional guidance to meet the standards of good practice required. The guidance gives awareness of the issues to be dealt with, but there may well be additional questions regarding how best to implement these requirements in regard to both transsexual and transgender people.
• Transsexual people feel supported and valued as employees/trainees.
• Transsexual employees, trainees and apprentices undergoing transition are retained as valued members of staff.
• Transsexual trainees undergoing transition on training courses complete the training.
• Barriers to the recruitment and retention of transsexual staff have been identified and removed.
• A clear and workable policy for dealing with harassment of transsexual staff/trainees.
• Support mechanisms to protect the health and welfare of transsexual people in the workplace, and in vocational training.
• There is evidence that the public authority promotes and maintains a culture of respect for the dignity of individuals and difference.
• There are appropriate protocols for management of sensitive and confidential information about a person's transsexual status.
• Practical matters related to transition such as access to changing and toilet facilities are resolved quickly and respectfully.
Due regard and transsexual people;
Transsexual people are a small percentage of the population and so you may rarely deal with any transsexual staff, trainees or indeed customers in your workplace. Despite the small numbers, however, public authorities are under a duty to have due regard to the need to eliminate discrimination and harassment on the grounds of gender reassignment. Having due regard means that the weight given to the need to eliminate any discrimination and harassment is proportionate to its relevance to a particular function or situation.
The gender equality duty is limited by existing UK law which protects transsexual people from discrimination in work and vocational training (including higher and further education). A 1999 European Court of Justice case ruled that it was unlawful to discriminate in employment. The law protecting transsexual people against discrimination in the provision of goods, facilities and services came into place as of 6th April 2008 as part of the Sex Discrimination Act.
Public authorities will need to take into account the seriousness or extent of the discrimination or harassment, even if the number of people affected is relatively small. This would often be the case where, for example, transsexual people were affected, as the seriousness or extent of discrimination and harassment might be significant, for example in a large number of employees.
Transmatters can assist with the formation of these policies through on site consultation and assistance in the written documentation and by providing training courses in diversity training and awareness.
For more information contact: info@transmatters.co.uk