THEGAYUK

Tag: Legal Advice For Transgender People

  • LEGAL CLINIC | My college says I need to use the toilet of my birth gender

    This week a trans reader asks about her right to use the toilet of her choice rather than the one that corresponds with the gender on her birth certificate. Louise Neville, Associate Solicitor at QualitySolicitors Acklam Bond looks at the legal situation.

    Do i need to use the male toilet if I'm a trans woman?

     

    Dear TGUK,

    I’ve recently started at a new college in the UK – and the bathroom policy is that students must use the toilet that corresponds with their genitalia. I’m a trans woman. I’ve not told friends other students at my college about my transition, but I do get awkward looks when I use the female bathroom.

    What rights do I have when it comes to using the bathroom that fits my gender identity? Do I have to disclose that my genitalia doesn’t correspond with the toilet I wish to use?

    Yours, Faye

     

    Dear Faye,
     
    In the UK there is no legislation that states men must use male toilets and women the ladies toilets. However, providers of separate-sex services such as bathrooms and changing rooms do have the right to decide on what facilities transsexual people can use.
     
    The government do emphasise to providers of separate-sex services that it’s very important to take the views of the transsexual person into account when making a decision on what facilities transsexual people can use – they also say that the decision must be ‘objectively justified’, which means it must be a fair and reasonable way of achieving a legitimate aim.
     
    This case also relates to the Equality Act 2010, which protects people from being discriminated against because they are transsexual. In the Act it is called gender reassignment discrimination.
     
    There are four types of gender reassignment discrimination: Direct, indirect, harassment and victimisation. The relevant type for your case would be indirect discrimination, which occurs when an organisation has a particular policy that puts transsexual people at a disadvantage.
     
    To be protected from gender reassignment discrimination you do not need to have undergone any specific treatment to change to your preferred gender. So you can be at any stage in the transition process, ranging from proposing to reassign your gender all the way to having completed it. This could be where a problem arises for your particular situation. As you haven’t disclosed to your college that you are a trans woman you may not be protected from indirect discrimination.
     
    With all the above in mind, I would suggest speaking to a relevant person at your college that you would feel comfortable talking to, for example a lecturer. They may be able to help raise your concerns with the college administration who hopefully would look into either changing the policy or simply give you peace of mind that you can use the toilet which corresponds with your gender identity.
     
    “If you find speaking with the college does not provide you with any assistance then you may want to consider making a formal complaint to the college regarding your treatment. Ultimately, if you feel that the problem persists and you consider yourself to discriminated against then you have the option of pursuing a claim through the county court on the grounds of discrimination. Please note that any claim must be issued at the court within six months less one day of the incident taking place. Hopefully however this will not be necessary.”

     

    by Louise Neville, Associate Solicitor at QualitySolicitors Acklam Bond

    ALSO READ: I have heard my employer can dismiss me for being transgender – is this true?

    ALSO READ: Do I have to disclose that I am transgender?

     

    This response is not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.

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  • LEGAL CLINIC: Employment Law And Transgender Rights

    In recent months, the transgender community has faced a large degree of media attention, which not only has encouraged discussion around transsexual individuals, but has also shone light on the rights of individuals, no matter their gender or sexuality.

    Most notably, Caitlyn Jenner has been the centre of attention and whilst she has attracted an overwhelming level of support, there were still those who voiced their hostility towards her. Most notably, musician Drake Bell insisted on calling her ‘Bruce.’ There have also been further high profile cases including the case of Leyth Jamal who made a claim against Saks Fifth Avenue stating that she was told to use the men’s bathroom, told to dress more masculine, and eventually dismissed for being transgender.

    Unfortunately, cases such as these represent the tip of the iceberg for those undergoing gender reassignment, many of whom face abuse, discrimination and harassment from those around them.

    On a positive note, however, businesses and employers globally are now taking note of the importance of diversity in the workplace and are changing their approach accordingly. High profile employers such as Goldman Sachs and Barclays are already leading the way for acceptance and integration of LGBT employees. Like many other organisations, they recognise the need to retain the very best talent.

    Advice to individuals who are considering, or undergoing, transitioning to their target gender is conflicted at times and is often informed by US law, which is very different to our own. To follow are some common questions that we as a law firm have received from the transgender community, which we hope will provide guidance on your rights in the workplace.

    Here we look at your frequently asked questions about your rights.

    What does the law say?

    What about gender queer individuals, or those who adopt a different gender temporarily (e.g. transvestites)?

    I have heard my employer can dismiss me for being transgender – is this true?

    Do I have to disclose that I am transgender?

    I have decided to live life as my target gender, how do I ‘come out’ to my colleagues?

    My colleagues have been largely supportive, but there is one who is making me really uncomfortable by joking about my physical appearance and changes. What do I do?

    I have various treatments planned as part of my gender reassignment? Am I entitled to time off?

    In Summary

    Fortunately, social media has made conversations regarding gender reassignment easier and employers are becoming increasingly understanding of the issues faced by transgender employees. There are employers who will provide an environment where you are allowed to be your authentic self and rewarded for your skills and experience. Importantly, if there are evident signs of bullying or harassment concerning your gender or sexuality, speak to your manager or seek advice from a third party – don’t sit in silence, the law is there to protect you.

    By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts

  • ANSWERS: Does the law protect gender queer individuals, or those who adopt a different gender temporarily (e.g. transvestites) at work?

    What about gender queer individuals, or those who adopt a different gender temporarily (e.g. transvestites)?

    (more…)

  • ANSWERS: I have heard my employer can dismiss me for being transgender – is this true?

    I have heard my employer can dismiss me for being transgender – is this true? (more…)

  • ANSWERS: Do I have to disclose that I am transgender at work?

    Do I have to disclose that I am transgender?

    There may be some circumstances where you may be obliged to disclose your gender history, such as for background criminal checks or insurance. However, this does not mean you have to disclose your biological gender to your colleagues or even your manager if you do not wish to.

    An employer has a duty to keep such information confidential and you can approach a manager or HR officer for advice if necessary.

    By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts

  • ANSWERS: I have decided to live life as my target gender, how do I “come out” to my colleagues?

    I have decided to live life as my target gender, how do I ‘come out’ to my colleagues?

    Every individual’s journey is extremely personal. It is natural for people to ask questions but that does not mean that you have to answer anything you are not comfortable with and you should politely, but firmly, assert your boundaries.

    However, we would encourage you to discuss your situation with your manager in the first instance so they can make arrangements to cover any absence, and how you can be supported during your transition. For example, some people would prefer to tell colleagues on an individual basis and others would like an email sent out to their colleagues.

    By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts

  • ANSWERS: A Work Colleague Is Making Me Uncomfortable Through My Transition, What Can I Do?

    My colleagues have been largely supportive, but there is one who is making me really uncomfortable by joking about my physical appearance and changes. What do I do?

    Firstly, be aware that you do not have to tolerate any behaviour or comments about your gender or transition that you find humiliating, hostile, degrading or offensive. This is known as harassment under the Equality Act 2010.

    However, there can be a number of ways to handle the matter depending on the individuals concerned. You could lodge a formal grievance and ask your employer to investigate and take action, or if you prefer, explain to the individual that you want the comments to stop. Either way, keep a diary of any incidents and keep your manager informed so they can monitor the situation.

    By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts

  • ANSWERS: I have various treatments planned as part of my gender reassignment? Am I entitled to time off?

    I have various treatments planned as part of my gender reassignment? Am I entitled to time off?

    The Equality Act 2010 specifically states that an employer cannot treat you less favourably than any other employee because you have had time off as part of the gender reassignment process. As a result, we encourage employers to record such time off separately so it is discounted when considering any promotion, access to bonuses etc.

    Whether the time is paid depends on your employers policies. There is no obligation to offer paid leave unless there is company sick pay etc.

    By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts

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