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The recent guidance issued by the Equalities and Human Rights Commission (EHRC) sheds light on how organizations should apply the UK Supreme Court’s decision that legally defines a woman based on biological sex. According to the new guidance, trans women (biological men) should not be allowed to use women’s facilities in settings like hospitals, shops, and restaurants. However, it emphasizes that trans individuals should not be deprived of access to facilities altogether.
With many people seeking clarification on the implications of the ruling, the EHRC found it necessary to publish interim guidance. While the recent ruling by the Supreme Court clarified that the terms “woman” and “sex” in the 2010 Equality Act refer to biological women and sex, the law still safeguards transgender individuals against discrimination, as noted by Supreme Court judge Lord Hodge. The EHRC underlines that even if someone identifies as trans and possess a Gender Recognition Certificate (GRC), they do not legally change sex according to the Equalities Act.
Regarding facilities like toilets and changing rooms in schools, the guidance specifies that pupils who identify as trans boys or girls should not utilize facilities designated for the opposite biological gender. In association settings, women-only or lesbian-only groups should not accept trans women (biological men), and men-only or gay men-only associations should not admit trans men (biological women). The EHRC’s guidance suggests providing mixed-sex facilities alongside single-sex options whenever possible to accommodate transgender individuals.
In light of the Supreme Court’s ruling, the EHRC aims to convey the key implications through its interim guidance. Employers and other obligated parties are urged to uphold the law and seek appropriate legal advice if necessary. A consultation period to gather input from affected stakeholders is expected to launch in May, with the EHRC planning to present an updated code of practice to the government for approval by the end of June. The government applauds the ruling for its clarity and reassures that policies will be reviewed and updated to align with legal requirements
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