quarridors: Not high on sugar (September 2010)
[personal profile] quarridors
Today is the last day for responses to the UK Government's 3rd survey of transgender people (which explicitly includes 'androgynous', 'non-gender' and 'genderqueer' options in the demographics section). This survey follows up on responses from the first two surveys by focusing on issues of employment, identity and privacy. If you're in the UK and identify as trans*, genderqueer, non-binary or gender variant please complete the survey (sorry for the late notice!).

Below is a sample of my responses to the survey as a non-binary trans person (some responses have been reworded to protect my privacy):

What barriers or challenges do you think exist in employment?

As a non-binary trans person (identifying and neither female nor male) my protection from discrimination under the Equality Act is ambiguous, I may not be protected at all due to the 'gender reassignment' wording. My neutral/androgynous gender identity is not recognised under the law so it is questionable whether I can be said to have undergone 'gender reassignment' even though I am treated by a gender clinic and have undergone medical treatments for my gender dysphoria.

It is difficult to educate employers on my legal protections when the wording of the act heavily implies that I may not be protected at all.

What do you think Government can do to help trans employees tackle workplace discrimination?

Clarify the ambiguous position of non-binary trans people.

Does expressing our gender identities constitute 'gender reassignment'? Can 'gender reassignment' protections apply when the law does not recognise our genders as existing or valid?

Are we protected should we ask for gender neutral language to be used in reference to us rather than gendered words such as 'man', 'woman', 'Mr', 'Ms', 'he' and 'she'?

If we undergo hormone treatments or have surgeries to treat the gender dysphoria arising from our non-binary genders, does this fall under the 'gender reassignment' protections even though we do not identify as an 'opposite sex' or gender?

Are we exempt from gender-specific dress code requirements such as short hair and ties for those with male 'legal genders' and makeup and skirts for those with female 'legal genders'?

What do you think employers can do to help tackle workplace discrimination?

Recognise all gender identities and expressions. Offer gender neutral facilities and language for those who require them. Offer a gender neutral dress code for those who are not comfortable with firmly female or male presentation

What can the following do in helping you to find employment?

Government: Recognise non-binary genders not just female and male, recognise the unique challenges faced by non-binary trans people.

Employers: Be aware of non-binary genders and those who live outside of the gender binary. Do not require a binary gender on job application forms/websites. Do not insist on using gendered titles such as Mr/Ms. Do not use gendered job titles such as 'Dinner Lady' or 'Postman'.

In response to the problem you identified, what do you think the following can do to address these challenges?

Government: Explicitly recognise and protect non-binary trans people, perhaps by wording the law as protecting 'gender identity and expression' rather than 'gender reassignment'

Employers: Provide gender neutral facilities wherever possible

Are there any other workplace issues you want to raise?

Use of gendered language such as 'man', 'woman', 'Mr', 'Ms', 'he' and 'she'. Gendered dress code etc. Employers should allow gender neutral options wherever feasible.

What do you think Government can do better to protect your privacy?

Explicitly class gender as private information that it is not reasonable to ask for when providing goods and services (Data Protection Act should apply).

Do you consider your current identity secure from disclosure?

No. Numerous services require a binary gender (female/male) or a gendered title/honorific (Mr/Ms etc) to be specified as required fields. As such I am misgendered or outed as transgender when ordering shopping, using my bank, registering for a library card etc. This is a particular problem where others complete my form for me or where computer form validation enforces entry of binary gender identifiers.

What can be done by Government to help you successfully live in your current identity?

Explicitly class gender as private information that it is not reasonable to ask for when providing goods and services (Data Protection Act should apply). Explicitly recognise and protect non-binary trans people, perhaps by wording the law as protecting 'gender identity and expression' rather than 'gender reassignment'.

Are there any other issues concerning your privacy and/or identity you want to raise?

The government does not recognise my non-binary gender identity. Only binary (female/male) options are provided on birth certificates and passports. As such I am discriminated against by the government and denied Gender Recognition afforded to other trans people.

I consider the sex I was assigned at birth to be deeply personal information that is only relevant to a handful of medical professionals and my partner. However the law and common practice currently force me to disclose this in a wide variety of situations. Doing so causes me gender dysphoria, misgenders me and outs me as transgender in a way that binary trans people are able to avoid due to the Gender Recognition Act.

Please extend gender recognition protections to all trans people, not just those with binary identities. Please also help to establish that gender (even 'legal gender') is deeply personal information for many people and it should not be reasonable under the Data Protection Act to require its disclosure when ordering groceries online or signing up for local services.

December 2016

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