Any organisation considering whether they should stay in the @stonewalluk schemes should consider that they are not in line with the @EHRC employers code of practice.
Why take the risk of signing up to a scheme that is different from the law?
Stonewall tells employers to "acknowledge the limitations of the Equality Act (2010)"
It advises against using language based on compliance with the law saying this is "outdated" and may "cause offence"
Ignore what the law says about protected characteristics says Stonewall guidance
"Gender Identity" and "Gender Expression" are treated as protected characteristics.
They are not.
"Best practice" monitoring is not in line with GDPR or Equality Act
Ignores sex, substitute gender identity
And more confusion and conflation of protected characteristics...
The EHRC said specifically in AEA v EHRC that this is not right.
It can be a proportionate means to a legitimate aim to have facilities which are *single sex* and which do not include people on the basis of gender identity.
No consideration of what this policy means for inclusion of women and girls, including those from faith groups.
"High barrier of proof"... this does not come from the Equality Act.
The Equality Act says circumstances where "a person of one sex might reasonably object to the presence of a person of the opposite sex".
Organisations should take care to comply with the Equality Act... all 9 protected characteristics.
Stonewall guidance does not help them do this and puts them at risk of facing discrimination and harassment claims in relation to other protected characteristics
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The government is seeking to remove safeguards from the #DataBill, saying that they breach human rights.
Today we are publishing a paper which shows that, far from this being the case, the three safeguards are necessary to support everyone’s human rights 🧵
Lord Arbuthnot of Edrom – the parliamentary hero of the Post Office scandal – has provided a foreword to the report.
📄
"Trusting government computer systems to be infallible can result in serious harm to ordinary people." sex-matters.org/posts/publicat…
You can read more about Lord Arbuthnot's reasons for speaking out in @thetimes ⤵️
He says that he fears that the history of the Post Office scandal is repeating itself, with flaws in the design of another government IT project being overlooked.
This week we learnt that the National Police Chiefs’ Council is proposing to adopt new guidance encouraging police forces to allow male officers with a gender-recognition certificate (GRC) to strip-search women and girls.
The Kafkaesque guidance says that if a detainee objects, the officer may be swapped out, but consideration should also be given to the manner in which the detainee objects “and any prejudicial language should be dealt with positively”. dailymail.co.uk/news/article-1…
In police jargon, dealing with such an incident positively means treating the woman objecting as a perpetrator, and the man seeking to force her to undress as a victim if he deems her objection to be upsetting or impolite. college.police.uk/app/major-inve…
It has been another extraordinary week of fallout from the Sandie Peggie case, which escalated as the week went on.
The case has had coverage everywhere (apart from The Guardian) and has continued to make front-page news, political debate and kitchen-table conversations.
What started with one woman standing her ground and saying “No” has already led to questions in the Scottish Parliament, and a turn-around in position by the Scottish Labour party, and involvement of the national equality watchdog.
Update from Maya!
This week I have been in Dundee at the tribunal hearing of Sandie Peggie v NHS Fife and Dr Beth Upton.
Sandie is a nurse who should have been able to expect her employer to protect her from sexual harassment and to provide a safe workplace. dunfermlinepress.com/news/24914478.…
Instead it put her in a situation where a male colleague could undress in front of her and then accuse her of harassment when she complained.
The case being heard today (and tomorrow) by @UKSupremeCourt will test the legal uncertainty about how GRCs interact with the Equality Act.
There is no ambiguity, however, about the lawfulness of women’s sport 🧵
Whatever the outcome of the FWS case it is clear that female-only competition is lawful.
🔹The #EqualityAct, section 195, says that it is permissible to discriminate by sex in a sport in which the physical strength, stamina or physique of average persons of one sex would put them at a disadvantage compared to average persons of the other sex.
🔹It also makes specific provision to allow gender-reassignment discrimination wherever it is necessary to secure fair competition or the safety of competitors.
Any sport that runs separate competitive categories for men and women, or boys and girls, is relying on s.195 ⬇️
The Sports Councils Equality Group (SCEG) provides a legal briefing to national governing bodies that makes the position clear. We obtained it through a lengthy freedom of information process.
The Sex Matters team spent last weekend at the Battle of Ideas in London.
The festival of public debate included around 100 lively discussions on big issues in politics, science, economics, culture, the law and more. Panels that touched on sex-based rights took place alongside sessions on riots, China, AI, cities, prisons, art, energy and education.
Fiona spoke on “Gender Wars: no end in sight?” about how women's rights that have been won in our lifetime are being lost.