Discrimination

Are Non-Binary And Gender Fluid People Protected From Discrimination?

The Equality Act 2010 doesn’t make any reference to whether non-binary or gender fluid people are protected under the ‘gender reassignment’ provisions. However, Acas recommends employers treat intersex, non-binary, or otherwise gender non-conforming as though they are.

In Taylor vs Jaguar Land Rover Ltd a tribunal ruled that gender fluid identities are covered under the protected characteristics of gender reassignment. However, this decision isn’t binding and may not be followed in other cases.

What counts as trans discrimination?

People tend to divide the world into ‘us’ and ‘them’ through a process of social categorisation.

This is known as social identity theory. People tend to exaggerate the differences between groups and over-emphasise the similarities of views in the same group. In the context of work, this can mean that those people who are perceived to be different (the ‘out’ group) are more likely to be bullied or harassed than those in the ‘in’ group. Trans people represent a small minority of the UK workforce and are likely to be in the ‘out’ group.

Harassment is a form of discrimination and people who are protected under the gender reassignment provisions in the Equality Act 2010 will be able to bring legal claims against their employer, and other members of staff. Harassment may be blatant (deliberately using the wrong pronoun when referring to a trans person), or more subtle (ignoring or marginalising them or asking invasive personal questions about their transition).