Gender recognition at work

[Natalie x]

I just discovered this through the UK Inland Revenue website. It seems that some significant steps have already been taken here in recognising gender as an important issue in the workplace. I'm a Euro-Sceptic, but this is one good thing to come out of the EC ...

www.inlandrevenue.gov.uk/employers/gender.htm (http://www.inlandrevenue.gov.uk/employers/gender.htm)

Maybe there is hope for us to be able to live our lives as we want to, one day.

[Lauren_T]

It's high time, indeed...

But on this side o' the Pond, as long as our Co-Presidents Rove and Cheney (and their jug-eared puppet) are in control and busy kissing the bums of the fundamentalists, we face a very uphill battle... :mad:

[Deborah_UK]

the Home Office has also put gender recognition as one its equality and diversity issues thanks to the Gender Recognition Act 2004, so things are looking up within the Civil Service, its just the neanderthals that live locally that frighten me, not my work colleagues

[Natalie x]

.... its just the neanderthals that live locally that frighten me, not my work colleagues
I can relate to that. I get quite nervous walking round my town centre in the daytime - and that's in drab!!

[Helen MC]

This is excellent news indeed!

[Rachel_740]

I just discovered this through the UK Inland Revenue website. It seems that some significant steps have already been taken here in recognising gender as an important issue in the workplace. I'm a Euro-Sceptic, but this is one good thing to come out of the EC ...

www.inlandrevenue.gov.uk/employers/gender.htm (http://www.inlandrevenue.gov.uk/employers/gender.htm)

Maybe there is hope for us to be able to live our lives as we want to, one day.




Natalie,

There is hope now. UK law basically says that as soon as you and the doctors declare you as transexual and you have changed to living as a woman, that is exactly what you are. You use the ladies room - an employer can't tell you that you have to use disabled facilities for example - and you are to be treated as any other woman (obviously it's not quite this simple, but it's not far off). You also have the protection of the gender recognition act. You are not allowed to be disciminated against, either as a transexual or as a woman etc.

Having said that, the reality of the situation can frequently still be quite different from that (although I have been extremely lucky and not had to deal with any 'adverse' situations of discrimination or of hatred etc.

Anne

[sarahjan]

Natalie,

There is hope now. UK law basically says that as soon as you and the doctors declare you as transexual and you have changed to living as a woman, that is exactly what you are. You use the ladies room - an employer can't tell you that you have to use disabled facilities for example - and you are to be treated as any other woman (obviously it's not quite this simple, but it's not far off). You also have the protection of the gender recognition act. You are not allowed to be disciminated against, either as a transexual or as a woman etc.

Having said that, the reality of the situation can frequently still be quite different from that (although I have been extremely lucky and not had to deal with any 'adverse' situations of discrimination or of hatred etc.

Anne

The Act also provides protection for those that are not TG, in that it talks about discrimination on the grounds of perceived gender. So if someone is bullied because they look feminine this will be an offence or they are discriminated against because they are giving a feminine image that it will also be an offence. There are now similar laws on discrimination because someone looks gay or females look butch so they are lesbians.

The only problem is that no cases have yet gone through the Tribunals.

[Helen MC]

On 1st October the Law came into force here in the UK making it illegal to have a discriminatory atmosphere at work or one in which a person feels threatened or intimidated owing to their gender or sexuality. The onus is on the Employer as much as the co-workers. In other words, they don't have to like you if you are Homosexual, Lesbian, TV or TG etc but they can't show their dislike in a manner which makes you uncomfortable or feel under threat.

[BeckyCath]

On 1st October the Law came into force here in the UK making it illegal to have a discriminatory atmosphere at work or one in which a person feels threatened or intimidated owing to their gender or sexuality. The onus is on the Employer as much as the co-workers. In other words, they don't have to like you if you are Homosexual, Lesbian, TV or TG etc but they can't show their dislike in a manner which makes you uncomfortable or feel under threat.

Very very true, but it won't stop and employer finding other ways to divest themselves of a person they don't like, like heaping extra pressure on, really tight and unacheivable deadlines etc etc... Employers will find a way round the legislation, there are employers forums for the purpose of finding ways round legislation in the HR field!

Please don't think that this law will protect average, common garden tranny, as it won't, because it only protects those who are female or have a GRC, or can prove they are being treated for GID.

However, don't beleive everyting the revenue say. The government beauracracy that is Her Majesty's Revenue and Customs won't allow thier computer system to recognise those of us who transition and remain with a partner. I will have to be registered on thier system as MR miss R ****** in order to claim family tax credits, this is because the system says that people of the same sex can't claim working family tax credit... All thanks To Lord Tory Tosser Tebbit and the Lord Tory Bishops who chucked that little spanner in the works when the GRA went through. However, personally, HMRC will recognise me as female on an individual basis... it's totally stupid...

Rebecca

[FionaAlexis]

Is the UK legislation [which I assume is based on European legislation]specifically limited to 'transexuals' or is there a broader definition of those covered?

I ask this because our Equal Opportunity Commission summarises the relevant part of our Act this way:

Discrimination is treating someone unfairly or unfavourably because of a personal characteristic. In Victoria it is against the law to discriminate against someone because of their actual or assumed gender identity.

What does gender identity mean?
Gender identity means self-identification as a person of the relevant gender. A person may identify as a member of a particular gender by their style of dress, medical intervention or by other means, including a change of name. Medical intervention may include hormone therapy, counselling and sex reassignment surgery.

Who is protected against discrimination and harassment?
You do not need to have had or be planning surgery, hormone therapy or other treatment to be protected from discrimination on the basis of gender identity in Victoria. You are protected if your gender identity is genuine and you:

want to live as a member of your self-identified gender
are in the process of transitioning to your self-identified gender
have lived, or are currently living, as a member of your self-identified gender
are intersexual (born with anatomy or physiology different to current ideas of what constitutes male and female)
adopt the characteristics of the relevant gender in part of your life, such as dressing in the manner of your self-identified gender.

Fiona xx

[FionaAlexis]

Thanks for your efforts but you can stop looking :). I've found the Act and it will be very interesting to see how it operates.

While 'transexual' is not mentioned in the body of the Act, 'gender dysphoria' is and it is defined in the Interpretation as meaning 'the disorder variously referred to as gender dysphoria, gender indentity dysphoria and transsexualism'.

Apart from the fact that each tranny must get a 'Gender Recognition Certificate' from a third party panel of experts to qualify for non discrimination, I guess the issues that would concern me are:

a requirement of the application to get a GR cert are evidence that you have lived two years in your acquired gender - presumably during which time you can be discriminated against in the workplace?

I think a consequence to the Act may well be the validation of discrimination against non transitioning trannies. Where's your GR Cert mate?

Foreign trannies who may have full legal status of their 'acquired gender' in their own countries will not have the same recognition and rights in the UK.

Fiona xx