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Individuals who are gender fluid are protected from discrimination in single sex spaces under the GR protected characteristic.
Case number: 2206733/2020Cite as: [2020] UKET 1304471/2018- https://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKET/2020/1304471_2018.html
- https://www.gov.uk/employment-tribunal-decisions/ms-r-taylor-v-jaguar-land-rover-ltd-1304471-2018
Added: 11 Apr, 2023Maya Forstater's views on trans people did not meet the Grainger criteria, as "Gender Critical" beliefs were deemed as being incompatible with the fundamental rights of trans individuals.
This ruling was superceeded and over turned after a direct intervention by the EHRC.
Case number: 2200909/2019Cite as: [2019] UKET 2200909/2019(90) I conclude from this, and the totality of the evidence, that the Claimant is absolutist in her view of sex and it is a core component of her belief that she will refer to a person by the sex she considered appropriate even if it violates their dignity and/or creates an intimidating, hostile, degrading, humiliating or offensive environment. The approach is not worthy of respect in a democratic society.
(92) In respect of the belief that the Claimant contends she does not hold, that everyone has a gender which may be different to their sex at birth and which effectively trumps sex so that trans men are men and transwomen are women. I consider that this is a good example of why, at least in certain circumstances, one needs to apply the Grainger criteria to the lack of belief, rather than the alternative belief. Believing that a trans woman is a woman does not conflict with the approach of the European Court of Human Rights in Goodwin, or the Gender Recognition Act, or involve harassment. It does not face the same issue of incompatibility with human dignity and fundamental rights of others as the lack of that belief does because that lack of belief necessarily involves the view that trans women are men. The lack of belief fails to meet the Grainger criteria.
(93) It is also a slight of hand to suggest that the Claimant merely does not hold the belief that transwomen are women. She positively believes that they are men; and will say so whenever she wishes. Put either as a belief or lack of belief, the view held by the Claimant fails the Grainger criteria and so she does not have the protected characteristic of philosophical belief.
Added: 10 Apr, 2023Breast cancer risks for trans women are considered to be the same as cis women. The same screening protocols should be used for both cis and trans women.
Cite as: de Blok C J M, Wiepjes C M, Nota N M, van Engelen K, Adank M A, Dreijerink K M A et al. Breast cancer risk in transgender people receiving hormone treatment: nationwide cohort study in the Netherlands BMJ 2019; 365 :l1652 doi:10.1136/bmj.l1652This study showed an increased risk of breast cancer in trans women compared with cisgender men, and a lower risk in trans men compared with cisgender women. In trans women, the risk of breast cancer increased during a relatively short duration of hormone treatment and the characteristics of the breast cancer resembled a more female pattern. These results suggest that breast cancer screening guidelines for cisgender people are sufficient for transgender people using hormone treatment.
- https://doi.org/10.1136/bmj.l1652
- https://www.bmj.com/company/newsroom/study-shows-increased-risk-of-breast-cancer-in-transgender-women/
Added: 10 Apr, 2023
Dr. Laurie Marhoefer discusses trans people and how they were seen and treated in Germany in the early 1900's
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Added: 10 Apr, 20231 in 3 employers will not employ a trans individual and less than 12% of employers have a zero-tolerance policy on transphobic bullying and harassment in the workplace.
Few feel their workplace is liberal enough to tolerate transgender workers, with only 4% declaring their workplace culture diverse enough for transgender people to ‘fit in’
A third of all employers polled thought that all transgender workers are legally protected against discrimination - despite an equal number admitting that they would discriminate against transgender workers by not hiring them.
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Added: 11 Apr, 2023- Cite as: "What Does the Scholarly Research Say about the Effect of Gender Transition on Transgender Well-Being?" (online literature review), 2018
This search found a robust international consensus in the peer-reviewed literature that gender transition, including medical treatments such as hormone therapy and surgeries, improves the overall well-being of transgender individuals. The literature also indicates that greater availability of medical and social support for gender transition contributes to better quality of life for those who identify as transgender.
Added: 11 Apr, 2023 AB v SoSJ & Anor (2009) trans women in male prisons is a breach of art. 8 of the ECHR.
Case number: CO/9490/2008Cite as: [2009] HRLR 35, (2010) 11 BMLR 70, [2009] EWHC 2220 (Admin), [2010] 2 All ER 151[2009] EWHC 2220 (Admin)(7) Although the Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior to her application for a gender recognition certificate, while she was detained in the male prison estate, the Gender Identity Clinic treating her will not approve her gender reassignment surgery until she has spent a period living "in role" as a woman within a female prison. The experts instructed by both the Prison Service and the Claimant agree that this is an appropriate requirement. It follows that so long as the Claimant remains within the male prison estate she is unable to progress towards the surgery which is her objective. While transfer to the female prison estate does not guarantee that the Claimant will be able to proceed to surgery while in prison, unless she is transferred the prospect of surgery is ruled out for so long as she remains in prison.
Added: 10 Apr, 2023Segregating trans individuals is not a suitable way to treat trans individuals in the workplace.
Case number: A1/2002/2092Cite as: [2003] EWCA Civ 1045- https://www.bailii.org/ew/cases/EWCA/Civ/2003/1045.html
- https://www.casemine.com/judgement/uk/5b46f1fa2c94e0775e7ef4e3
Added: 11 Apr, 2023Bellinger v. Bellinger (2009) established that the UK was in breach of art. 8 and feeds into the creation of GRA as established by Goodwin v. UK (2002).
Case number: [2003] UKHL 21Cite as: [2003] Fam Law 485, (2003) 72 BMLR 147, [2003] UKHL 21, [2003] ACD 74, [2003] 2 WLR 1174, [2003] 1 FLR 1043, [2003] UKHRR 679, [2003] 2 AC 467, [2003] 2 All ER 593, [2003] 2 FCR 1, [2003] HRLR 22, 14 BHRC 127(53) [...] The question is whether non-recognition of gender reassignment for the purposes of marriage is compatible with articles 8 and 12. The answer to this question is clear: it is not compatible. [...]
Added: 10 Apr, 2023Goodwin v. UK (2002) established that the UK was in breach of art. 8 and art. 12 of the ECHR, which resulted in the creation of the Gender Recognition Act 2004.
Case number: 28957/95Cite as: [2002] 2 FCR 577, (2002) 35 EHRR 447, [2002] 35 EHRR 447, 35 EHRR 18, [2002] Fam Law 738, [2002] 2 FLR 487, 35 EHRR 447, [2002] IRLR 664, [2002] ECHR 588, 13 BHRC 120, [2002] 35 EHRR 18, (2002) 35 EHRR 18, (2002) 67 BMLR 199(53) [...] The question is whether non-recognition of gender reassignment for the purposes of marriage is compatible with articles 8 and 12. The answer to this question is clear: it is not compatible. [...]
Added: 10 Apr, 2023