I wonder how employers can navigate issues of gender identity?

Awareness of Gender Identity over the past 50 years has grown massively, as society has developed to be more accepting of different sexualities and gender identities. With an increasing emphasis on diversity, equity, and inclusion, creating a safe, supportive workplace for all employees, including those of diverse gender identities, is both a legal and ethical responsibility.

According to a 2022 survey carried out by Statista UK, 43% of LGBTQ+ individuals agreed somewhat that they faced discrimination in the workplace due to their identity with a further 26% strongly agreeing with this statement. As this discussion will only grow and develop, employers must ensure they have the right measures in place to ensure the workplace allows for inclusivity for all employees, so they comply with the standard of care at work, and helps employees feel comfortable at work.

To celebrate Transgender Awareness Week, this article will discuss what gender identity is, and how employers can make their workplaces more inclusive.

Legislation protecting Gender Identity

It is important to determine how Gender identity is protected under legislation and regulations. Most commonly, The Equality Act 2010 (the EqA) holds the protected characteristic ‘Gender Reassignment’. Under the EqA, it is unlawful to discriminate against someone who is "proposing to undergo, is undergoing, or has undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex." This protection extends to individuals who identify as transgender and also covers those who do not conform to traditional gender expectations.

In addition, the Gender Recognition Act (GRA) came into effect in April 2004. The purpose of the GRA is to provide individuals with legal recognition of their gender through the acquisition of a Gender Recognition Certificate (GRC). Once someone obtains a GRC, they are legally recognised in their acquired gender for all purposes, including work, taxation, marriage, and retirement. This means they can update official documents (such as passports and driver’s licenses) to reflect their gender identity.

Challenges and considerations regarding gender identity

Many initial reactions when discussing gender identity is the need for gender neutral toilets and the respectable use of preferred pronouns. Whilst these factors are a step towards making a workplace more inclusive, there are numerous other challenges that employers may face. These include:

• Dress Code: Having a strict dress code may unintentionally submit employees to feeling uncomfortable in how they look and feel. Employers should consider their dress code and whether this may discriminate, a more relaxed approach to the dress code or implementing policies for clarity may be more inclusive.
• Mental health: If employees are not included or appreciated at work due to inadequate protections, their mental health may suffer. Employers should ensure they have relevant mental health support in place for employees who may feel stress at work, for example, through an Employee Assistance Program.
• Gender inclusive language: Using pronouns such as they/them allows employees to not feel conformed to settle with pronouns they may not be comfortable with. It also avoids any indirect discrimination if an employer was to misgender someone.

Ensuring that employees are comfortable and respected in their identity at work will make them feel more comfortable, improving work ethic and boost workplace morale. Research shows that diverse workplaces are more innovate, creative and profitable.

How can I make the workplace more inclusive?

It is extremely important to ensure businesses are compliant with inclusivity regulations, and keep their Equal Opportunities monitoring up to date. Here are some examples of how a business can make workplaces more inclusive:

• Training on Gender inclusivity: Training will help employees understand the experiences of those with other gender identities and respect gender diversity. It can clarify terms, issues and show the impact on gender based micro-aggressions. Managers should receive additional training on supporting gender-diverse team members, understanding legal requirements, and dealing sensitively with any issues that may arise.
• Policy Development: By developing a standalone Gender Identity policy, it can send a strong message about an organisation’s commitment to inclusivity. It allows for employers to explain their stance on gender identity and what they are doing to make the workplace a more inclusive environment. Employers should also consider updating anti-discrimination policies to include specific protections for gender identity and expression.
• Transition Support: Employers should consider steps to implement to offer support to transitioning employees. Ensuring that transitions are a personal matter and kept private and confidential, having a transition plan in place to address HR matters and amend records, and clear communication with the transitioning employee will assist in a smoother transition in the workplace.

Conclusion

Overall, making sure the workplace is inclusive for employees should be a priority for employers. Ensuring that businesses have provisions in place to make the workplace a more inclusive environment not only avoids possible legal complications, but also enhances the employees outlook of the business, growing the businesses reputation. Implementing strong anti-discrimination policies, providing inclusive training, and respecting employees’ identity are all critical steps to comply with UK laws and create a workplace that respects and values gender inclusion.

If you require advice making the workplace more inclusive or other employment matters, our Peace of Mind Team can provide specific advice and our Document Audit Team can help draft relevant policies. Contact our Employment Team by emailing employment@warnergoodman.co.uk or call 023 8071 7717.