Post on 27-Jan-2023
Transgender and Domestic Violence Brief:
Informing Equality Impact Assessment
Fiona SouthwardJanuary 2011
DISCLAIMER: This document is intended to be for information purposes only. The author takes no responsibility for the accuracy of content nor for acts or steps taken by third parties pursuant to the information contained herein.
Intro
Brief glossary of terms
A - Information relevant to provision of domestic violence support services
1 – Demographic background
2 - Vulnerability of trans-women to and in situations of domestic violence
3 - Accessing services
4 - Counselling
5 - Advocacy/support
B - Info relevant to employment of domestic violence staff and volunteers
1 – Recruitment
2 – Genuine Occupational Qualification
3 – Information Management
4 – Transphobic Abuse
C - Recommended strategies
D – Literature reviewed
Intro
This paper has been prepared for a UK-based domestic abuse support agency
(hereafter “the Agency”) to inform a review of its practices and procedures
in respect of its accommodation of transgender clients. It represents a
distillation of literature on services for transgender people experiencing
domestic violence (DV), specific to this agency’s services. Please note
that this review is not intended to be comprehensive but is merely as a
background piece to allow for the identification of issues in evaluating
the accessibility of the specific services at issue.
Brief glossary of terms
Transgender/trans: Umbrella term for people who understand or express their
gender differently from what society expects of the sex they were assigned
at birth. This term includes a variety of gender identities and
expressions, including transsexuals, cross dressers, intersex, androgen and
other non-binary gender identities.
Transsexual: Refers to "a person who is proposing to undergo, is undergoing
or has undergone a process (or part of a process) for the purpose of
reassigning the person’s sex”,1 which involves living full time in the
acquired gender for two years before application for a gender recognition
certificate. These persons receive the greatest protection in law. It is
unlawful to refuse services to a trans women, with or without a gender
recognition certificate. Many women choose not to apply for such a
certificate because they are not able or do not wish to do so due to its
implications on other aspects of their lives such as marriage. It may be
unlawful to ask anyone for their gender recognition certificate, as such a
request would undoubtedly constitute discriminatory behaviour.
1 See Equality Act 2010, s.7 (gender reassignment as a protected characteristic).
Transvestite/cross dressing: Refers to those who do not choose to undergo
gender reassignment but rather wish to live in their acquired gender part
time. They may have a number of reasons for doing so, including family
commitments or personal preference.
Trans women: Refers to male to female transgender persons, whether
transsexual or cross dressing.
Trans men: Refers to female to male transsexuals and cross dressers. As the
domestic abuse support agency in question is a women only service, this
brief will be predominantly concerned with trans women. Nevertheless,
consideration will be given and avenues explored to allow the project to
support DV service provision for men through partnership working. Once
finalised, this aspect of service provision can be incorporated into
policies and procedures.
A - Information relevant to provision of the Agency’s services
As a single sex support and counselling service likely to require
disclosure of trans status in taking an individual’s abuse history,
determining their risk profile and assessing vulnerability factors, as well
as addressing community safety issues, the Agency’s activities can
significantly impact on trans women.2 Moreover, as a service supporting
women to engage with other services significantly affecting trans-women,
many with statutory duties, the Agency plays a secondary role in assisting
trans women to overcome barriers accessing the support and services they
need to escape DV.
1 - Demographic background information
Studies suggest that the educational attainment of trans persons is
generally far higher than that of the general population.3 Nevertheless, a
recent Scottish survey found that almost half of respondents had an annual
income of less than £15,000, with almost a third living on an income under
£10,000.4 This accords with reports of transphobia in the workplace. That
study also found that the most common response from trans women was that
their sexual orientation was lesbian. A significant number of respondents
also selected questioning, unsure or don't define.
For comprehensive coverage of the demographic research conducted on
transgender persons in the UK refer to the EHRC’s Trans Research Review, 2009.
2 - Vulnerability of trans-women to and in situations of domestic violence
Prevalence of domestic abuse
General research estimates that 73% of trans people in the UK have
experienced transphobic abuse. The Scottish Transgender Alliance reports
that 46% of its members have experienced this within a domestic setting. 2 Equality and Human Rights Commission (EHRC), Provision of Goods, Facilities and Services, 2010, p.183 Out of sight out of mind, 2011, p.10; Engendered Penalties, 2007, p.66.4 Out of sight out of mind, 2011, p.10
There is no research specifically on trans peoples experiences of domestic
violence in England. In Scotland the LGBT domestic abuse project’s recent
study5 found that 80% of respondents had experienced emotionally, sexually,
or physically abusive behaviour from a partner or ex partner, though only
60% of these persons recognised the behaviour as domestic abuse.
Experiences of domestic abuse
The LGBT domestic abuse project study of transgender experiences of
domestic violence found the following:
- The type of abuse most frequently experienced was transphobic
emotional abuse. This included 60% of respondents reporting
controlling behaviour and 60% reporting threatening behaviour. 1 in 4
respondents stated that their partner or ex-partner had threatened or
attempted suicide and self harm as a way to make them do, or stop
them doing something. Feelings of guilt and concern for the well-
being of their partner created difficulties for respondents in
identifying this as an abusive exercise of power. A third of
respondents stated that a partner or ex-partner had threatened to
hurt them.
- 73% of respondents reported transphobic behaviour by partners or ex-
partners, including stopping them from taking medication, expressing
their gender identity or telling people about their background; as
well as threatening to tell people, making them feel ashamed, guilty
or wrong, stopping attendance of trans specific groups and drawing
attention to parts of the body that they feel uncomfortable with. The
significant negative impact of such treatment on an individual's
mental health is indicated in the statistic that 34% of 872
transgender people surveyed in the UK had attempted suicide at least
5 The project defines DV as being: “perpetrated by partners or ex-partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (Acts which degrade and humiliate and perpetrated against persons will, including rape), and mental and emotional abuse (such as threats, verbal abuse, racial abuse, homophobic/by phobic/transferred to abuse, withholding money and other types of controlling behaviour such as "outing", the threat of "outing", or enforced isolation from family and friends).” Out of sight, out of mind, 2011, p.3.
once due to other people's reactions to their trans identity.6 This
is 7.7 times the 4.4% suicide attempt rate of the general population.
Transphobic abuse "is therefore a highly abusive and dangerous form
of control for a partner or ex-partner to target".7
- 47% of respondents had experienced some form of sexual abuse from a
partner or ex-partner, including pressure to take part in sexual
relations or other sexual activity, to view porn or to engage in
sexual activity with other people for payment.8
- 45% of respondents had experienced some form of physical abuse from a
partner or ex-partner, including pushing, kicking, biting, hitting,
throwing, choking, and use of a weapon.9
- 37% of respondents reported historic rape or attempted rape under 16,
45% reported rape or attempted rape over 16; 46% reported sexual
assault under 16 and 44% reported sexual assault over 16. These
figures stand in contrast to the NSPCC estimates that 32% of children
have experienced sexual abuse, suggesting a notable increase in this
phenomenon for trans people over the average.
Some trans specific issues in domestic relationships
Expressing the need to transition is seldom meant to be a rejection of
existing relationships but may feel like one to partners, who find
themselves having to renegotiate their sexual orientation and find it
difficult to engage with the complexity of gender. Rejection can be
especially felt when partnerships have been formalised (through marriage or
civil partnership) since a divorce or dissolution is required in order for
the transgender individual to receive a gender recognition certificate. The
overemphasis on biological sex rather than gender identity can negatively
affect the self esteem and self image of a trans person. Thus, "many people
hope that their partner will come to understand their need to transition,
and they put themselves at risk for longer, in the hope of saving their
6 Engendered Penalties, 2007, p.78.7 Out of sight, out of mind, 2011 p.16.8 Ibid, p.18.9 Ibid, p.20.
relationships and sometimes, in the mistaken belief that no one else would
love them." 10
A newly transitioned person may lack self-confidence in interpersonal
interactions. As a result of coping with new gender roles, they may be
uncertain about what strategies and behaviours to utilise to cope with
gender inequality, e.g. "whereas I used to do a lot of walking as exercise,
I don't really do that anymore, or do it in the middle of the day when
there's lots of people around".
Qualitative research interviews conducted in Scotland revealed particular
concerns among respondents about men, who are often married, wanting to
secretly date a mid-transition trans women. Whatever the motivation, such
relationships can result in trans women feeling shame and make it more
difficult for trans women to tell family or friends if they experience
abuse, thus creating barriers to accessing support services: "[since my
relationship with my ex-wife ended] I've had two [relationships]. Just the
two. But both with men. One was a married man ... it was not a good
relationship for me, because I knew if his wife found out it would just go
horribly, horribly wrong."
Support networks
The Scottish LGBT Domestic Abuse Project survey of trans persons
experiencing domestic abuse found that 1 in 4 respondents did not contact
anyone concerning their abuse, with only 7% of respondents contacting
domestic abuse services. 51% told a friend, relative, neighbour or
colleague, 40% contacted a general counselling service, 29% contacted only
one service, 24% did not contact anyone, 20% contacted an LGBT or
transgender organisation and 18% only contacted a friend.
Indeed, 56% of respondents in the Scottish survey stated that they felt
insecure about their gender identity as a result of domestic abuse. This
decrease in resilience and daily interactions where transphobia is
10 Out of sight, out of mind, 2011 p.17.
commonplace, can make trans people become isolated and avoid contact with
others.11
The 2007 Engendered Penalties report found that “sometimes the support within
the birth family can be excellent with total acceptance of the person in
the acquired gender. However, this is primarily the case for trans men, and
not often trans women."12
Its 2007 UK survey found that:
- 45% of respondents reported family breakdown due to trans identity;
- 37% were excluded from family and friends; and
- 20% felt informally excluded from their local communities and
neighbourhoods.
"Trans people suffer emotional abuse in domestic spaces in a way that other
minorities do not. This is partly because the nature of transition
predisposes relationships to break down because of the change of
"orientation" of the spouse/partner. The subsequent loss of home as a
result of breakdown can lead to poverty. This experience is interrelated
and cumulative. However, the loss of the birth family undermines many other
aspects of life. ... [persons become] isolated from something that for many
of us provides emotional well-being, at least as adults."13
Consequently, a family’s realisation of a person's intention to cross dress
or to transition to living permanently in their acquired gender can mark a
significant crisis point for trans-women both before, during and after that
discovery. Engendered Penalties suggests that times of family breakdown can be
those at which there is a higher risk of suicide, or when trans women
choose no longer to present as women.
3 - Accessing services
11 Ibid, p.28.12 Engendered penalties, 2007, p.6913 Engendered Penalties, 2007, p.70
Barriers
Barriers experienced by trans consultees seeking to gain access to services
generally in Northern Ireland included:14
- Fears of breach of confidentiality
- Lack of education on trans issues, including ignorance of the
situations and problems facing trans people
- Use of transphobic language and being made to feel you are a freak
- Harassment and abuse, particularly using language
- Bullying and discriminatory sanctions at work associated with trans
status
In relation to domestic abuse services the 2011 Scottish survey15 suggests
that complex feelings surrounding abuse, including shame and self blame
about the affect of their trans status on their relationships, can act as a
further barrier to accessing help from specialist services, not least given
that 40% of respondents did not recognise behaviour as abuse, with 18%
seeing it simply as something that happens.
Confidentiality – The constant fear of being outed gives confidentiality a new
dimension in respect of trans women suffering DV. If this issue is not
competently addressed at the outset the trans community will simply fail to
engage.16 In small localities with few openly trans people (e.g. Northern
Ireland) particular concerns are expressed about visibility, recognition
and putting things on paper.17 These concerns can also impact on engagement.
For example, the negative implications of a person’s trans status for
custody proceedings, job discrimination and divorce proceedings means that
at times when these are at issue attendance of groups and services can be
withdrawn.18
14 Equality Mainstreaming, 2007, p.16-1815 Out of sight, out of mind, 201116 Equality Mainstreaming, 2007, pp.10-1117 Ibid, pp.10-1118 Equality Mainstreaming, 2007, p.20
Engagement – At times individuals may try to "purge" or get rid of female
clothing periodically to try and banish the female part of their identity,
“although this almost always resurfaces”.19 Engaging with trans women can
therefore be erratic, and identification as female may not be constant,
either due to preference or necessity (inability to appear en femme for
concerns about children, etc.).
Community safety – Engendered Penalties found that 73 per cent of respondents
experienced comments, threatening behaviour, physical abuse, verbal abuse
or sexual
abuse while in public spaces.20 Trans consultees expressed particular
concerns about safety. For example the time of year was a particularly
important factor in how often one would go out dressed as a woman. This
decreased in summer when hours of darkness decreased. Attendance increased
during autumn and winter as the nights grew longer. Individuals placed an
emphasis on the fact that they would not place themselves in situations
that might compromise their safety. These concerns relate to both
harassment and violence as well as fears of being “outed” because of being
spotted by neighbours.21
4 - Counselling
"Those who identify as trans are significantly more likely to have
difficulties in the last five years with significant emotional distress,
depression, anxiety, isolation, anger management, insomnia, fears and
phobias, panic attacks, addictions and dependencies, and suicidal
thoughts ... those who identify as trans are twice likely to have had
serious thoughts of suicide, more than three times as likely to have
attempted suicide in the past five years and over five times as likely to
have attempted suicide in the past 12 months as non-trans people."22
19 Ibid, p.21.20 This also correlates with Northern Irish findings. See Equality Mainstreaming, 2007, p.2521 Equality Mainstreaming, 2007, p.2522 Count me in too -- Additional Findings Report: General Health, 2008 Dr Kath Browne and spectrum
5 - Support/advocacy
Housing
Housing is a particular problem because of the extensive aggression
experienced by many people from neighbours and others in the area, and the
breakup of many families on discovering a member of the family is trans.23 A
2008 Scottish report found 1 in 4 respondents had had to leave home as a
result of transphobic reactions.24 However, “there is a glaring vacuum with
regard to provision for trans people under housing law”.25 Part VII
(homelessness provisions) in the Housing Act 2002 does not class trans
people as vulnerable people for the purposes of homelessness applications.
Nevertheless many trans people and their families have been subject to
victimisation, violence and harassment in their own homes and have often
become homeless as a result. "In England, it is insufficient to be merely
homeless: you have to be in priority need. A person's physical and mental
health must be taken into account in ascertaining priority need. Yet a
person’s trans status is currently not recorded or assessed as part of
local authority housing association procedure."26 The EHRC has recommended
that priority housing be afforded to trans people experiencing abuse and
harassment in their accommodation.27 Despite this, trans people fear
disclosing their identity to housing officers for fear that they will not
be treated with dignity and respect. The result can be that they do not
receive the housing services that they need or receive a service
inappropriate to their needs.28
Criminal justice
The LGBT Domestic Abuse Project’s Scotland survey found that only 18% of
respondents answering questions about seeking help and support for domestic
abuse considered the abuse they experienced to be a crime. 51% believed it 23 Provision of Goods, Facilities and Services, EHRC, 2010, p.3324 Transgender Experiences in Scotland, 2008, p.11.25 Engendered Penalties, 2007, p.7526 Ibid.27 Provision of Goods, Facilities and Services, EHRC, 2010, p.3328 Trans Research Review, EHRC, 2009, p.ix.
not to be a crime, 13% were not sure and 18% believed that it was something
that just happens.29
Of 45 trans respondents answering questions about seeking help and support
for domestic violence in Scotland, only six had contact with the police.30
Two stated dissatisfaction because they were either made to feel
responsible for the abuse or it was not taken seriously. 22 respondents
considered the abusive behaviour to be a private matter and eight were
frightened of making matters worse. Whilst this is the same statistical
average for non-transgender groups, 12 respondents stated that they did not
contact police for fear of revealing their trans status or experiencing
transphobia. Strong fear of revealing transgender status was a common theme
among all respondents.31
In engaging with the criminal justice system as victims or witnesses it is
important to ensure that agencies comply with their equality and human
rights duties. This includes:32
- Addressing the individual using their acquired or preferred gender,
particularly in taking witness statements.
- Communicating with others in relation to a case in a way that ensures
the individual’s right to privacy and respect of their trans
identity, for example when disclosing information to other criminal
justice agencies, communicating with family members, employees, the
media or other prisoners.
- Searching trans people in a dignified way, by, for example,
accommodating a detainees request to be searched by an officer of
their choice.
- Facilitating the continuation or start of the gender reassignment
process by allowing attendance at court in appropriately gendered
29 Out of sight, out of mind, 2011, p.2730 Ibid.31 Ibid; see also Equality Mainstreaming, 2007.32 Provision of Goods, Facilities and Services, EHRC, 2010, pp.46-53
dress without comment, and ensuring prompt access to medical
services.
- Housing trans suspects or offenders to ensure that they are not put
at risk of trans phobic hate crime and that their right to privacy is
maintained at all times.
Under reporting of transphobic crime arises from a significant lack of
trust in police or from a fear that pursuing prosecution may necessitate
the disclosure of one's gender identity. This can also arise in reporting
DV, where fear of lack of sympathy and being told that they are the cause
of the problem is a barrier to seeking help for trans people. This is
reported to be a major issue faced by trans people when interacting with
police as victims or witnesses. Concerns about privacy and dignity are
heightened by transphobic abuse because the nature of the crimes
necessarily involves outing them. In considering court appearances special
measures and reporting restrictions can be applied as per the CPS 2008
Homophobic and trans phobic crime toolkit. The CPS should therefore be amenable to
making such requests.
Community safety
"Community safety partnerships should take into consideration that trans
people can experience additional discrimination and harassment as a result
of undergoing gender reassignment when planning and delivering services."33
As such identical treatment is not always appropriate.
Medical
A 2007 national survey found that medical professionals clearly still had
insufficient knowledge about trans people and their health needs, whether
mainstream or related to gender reassignment. It found that:
although 79% of GPs were willing to help, over 60% lacked appropriateinformation;
17% of trans respondents experienced being refused services by healthcare providers;
33 Provision of Goods, Facilities and Services, EHRC, 2010.
Only 6% of GPs were sufficiently knowledgeable, able and willing to help.
B - Info relevant to employment of transgender staff and volunteers
The information in this section has predominantly been taken from Stronger
Together as this guidance relates specifically to issues arising for women
only organisations employing transgender persons, as well as specific
guidance on employing trans workers from the EHRC website. Further guidance
should be sought from volumes 1 to 7 of the EHRC’s Equality Act 2010
Guidance for employers, and Gender Reassignment: A Guide for Employers (2005), by
the DTI’s Women and Equality Unit. If in doubt, further legal guidance
should be sought.
1 - Recruitment
Equality law clearly prohibits direct and indirect discrimination against a
person on the grounds of gender reassignment. Indirect discrimination would
involve the application of a provision, criterion or characteristic that
would put an individual with a protected characteristic at a disadvantage
vis-a-vis those who do not share such a characteristic.34 Any such
application would need to be justified as necessary and proportionate to
the legitimate aim sought to be achieved by it.35
Any advertisement of a post should, where applicable, mention the
organisation’s commitment to equal opportunities, and include mention of
gender identity or gender reassignment in the text of the equal
opportunities policy to which people are referred.36
Trans employment applicants often feel heightened anxiety about interviews
in comparison to non-trans people.37 An in-built expectation that if their 34 See s.19, Equality Act 2010.35 See section on genuine occupational qualification posts.36 ‘Trans recruitment considerations’, EHRC, available at http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-recruiting-and-supporting-trans-people/trans-recruitment-considerations/ (06/03/2012).37 ‘Interviewing trans people’, EHRC, available at http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-
trans status becomes apparent this will prejudice the interview process,
makes it important for literature seen by applicants before interview to
include equal opportunities reassurance. Trans status does not need to be
disclosed and should not be enquired about during recruitment. Voluntary
disclosure of such information must be dealt with in the same way as any
other confidential personal disclosure.
Confidentiality will also apply to any information identifying somebody's
current transgender status or previous gender reassignment for the purposes
of security checks and medical screenings. The disclosure of such
information should be restricted strictly to the personnel involved in
security and medical vetting procedures. Any documents required which might
identify somebody’s transgender status should only be requested after a
conditional offer has been made.
In relation to CRB checks, best practice would be to make all those from
whom a CRB check is requested aware of a special process that they can
engage by contacting the Criminal Records Bureau (See Appendix A) to
protect their privacy. This process would allow employees and volunteers to
complete CRB checks without disclosing their gender history to those
working for the organisation, including local outsourced agencies.
2 - Genuine occupational qualification
A genuine occupational qualification exists when the specific nature of the
job, or duties attached to it, require it to be undertaken by members of
one sex. Such an exemption must be applied for. There are certain
exceptions relating to the legislation against discrimination on grounds of
reassignment, regardless of whether or not someone has a gender
reassignment certificate. However, attempting to apply such an exception
would need to be objectively justified, demonstrating that the
justification is proportionate to achieving the legitimate aim. Stronger
together suggests that in some circumstances such an exception may be
recruiting-and-supporting-trans-people/interviewing-trans-people/ (06/03/2012).
applied to trans people in relation to jobs involving the provision of
services to vulnerable persons (e.g. abuse counselling), though only on a
case-by-case basis. To date, this has yet to be tested in case law.
As such, a transgender women should be allowed to work in a women's only
service.
If someone has a gender recognition certificate they must be treated in the
exact same way as any other woman applying for a post in a single sex
service. As with service users, it is illegal to ask a trans women to show
a gender recognition certificate. However, as with any other woman who is
applying for a genuine occupational qualification post, it may be legal to
ask an applicant to show that they are legally female (for example, by
showing a birth certificate). This would nevertheless need to be asked of
all women offered a post to avoid discrimination. Even with the gender
recognition certificate the Equality Act will, in exceptional
circumstances, allow for the exclusion of trans persons from genuine
occupational qualification posts, though the onus would be on the
organisation to establish such a justification.
If someone is a transsexual but does not possess a gender recognition
certificate they too can be employed in a GOQ post, and each post should be
considered to see whether it could be offered to any women, with or without
adjustment.
3 - Information management
Any records referring to previous identity or trans status should be
restricted strictly to staff who "need to know" i.e. those directly
involved in the administration of the process in which such information as
necessary. Once a person applies for a gender recognition certificate, they
gain additional privacy protections under the Gender Recognition Act 2004.
Under section 22 it is a criminal offence, with a substantial fine, for any
person to inappropriately disclose information they have acquired in an
official capacity about another person's gender history. Likewise, when
writing references these should be in the name requested by the employee
should not disclose any further information unless requested by the
employee to do so.
4 – Monitoring
Whilst monitoring is generally useful for discerning the diversity of staff
and service users, the EHRC suggests that monitoring in respect of gender
identity may be an exception to the general rule in favour of it and
therefore needs to be approached with extreme care. This is because it
risks being offensive, misleading, and invasive, as well as risking a
breach of the privacy and safety of employees (including those who are not
trans but may be perceived to be), even when conducted on an abstract
level. Consequently, “it is recommended that you concentrate on 'getting
your organisation’s house in order' in every other area and then prepare
the ground before monitoring for Gender Identity.”38
5 - Transphobic abuse
It is essential to recognise any form of discrimination or potential
opportunities for discrimination to ensure that a trans gender person feels
comfortable in their appointment. Such discrimination is perpetrated by
refusing to promote someone, refusing to support a staff member,
deliberately excluding a transgender person from non-work-related
activities, verbally or physically threatening, sexual harassment,
revealing transgender status to others, and claiming ignorance or confusion
about transgender issues in order to continue intentional abuse and
discrimination.
As an employer the Agency can be held liable in circumstances where it
knows that the person has been subjected to harassment on at least two
38 ‘Trans monitoring’, ECHR, http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-recruiting-and-supporting-trans-people/trans-monitoring/ (06/03/2012).
other occasions (whether by the same or different person) but has failed to
take steps to prevent it. The Equality Act 2010 also makes employers
potentially liable for harassment of their employees by people (third
parties) who are not employees of the company such as customers and
clients. This includes service users. Again, employers can be liable when
harassment has occurred on at least two previous occasions, they are aware
that has taken place, and have not taken reasonable steps to prevent it
from happening again.
6 – Accommodating the transition of workers
"There will be at least a two-year period between the person beginning
gender reassignment and their legal sex changing by virtue of an
application for gender recognition certificate (the point at which they
would legally be unable to hold the GOQ post any longer). Moreover, changes
in physical appearance can take several months to become noticeable during
the early stages of gender reassignment. Therefore, it would be likely to
be considered unreasonable to simply immediately dismiss such employee.
Good practice would be to work collaboratively with the employee to
mutually agreed timescale for their transition from female to male,
recognising that this may include the option of continuing in the GOQ post
while presenting in an androgynous manner for a period of weeks or months
during the early stages of gender reassignment. The aim should be to
support the employee in finding a new non-GOQ job so that they can ideally
change jobs smoothly without the financial hardship associated with a
period of unemployment.”39
As soon as an employee informs the agency of their new gender, the
organisation must refer to them and document details of them as such in its
records. This information should be made strictly confidential, and the
organisation must be able to show that they have ensured that the fewest
possible relevant staff have access to such records.
39 Scottish Women's Aid, as cited in Stronger Together, 2011, p20.
The organisation should then consider whether every post in the
organisation must be filled by women. Legislation allows the employer to
consider either dismissal of the person, or taking some other form of
action, such as redeployment to a non-GOQ role. If there is no such
suitable role, then the employer must be able to show that the GOQ applies
to that particular job, and that the way that the employee has been treated
reasonably in all the circumstances.
Employers can make changes to an employee's gender status with HMRC for
which further guidance is available on the website.
C - Recommended strategies
Policy
- Protocol outlining who service provision will be provided to and why
(if exclusive), which services will be provided and any special
accommodation, where necessary.
- Consideration of and, where necessary, specific guidance for workers
on (a) how to accommodate trans women in own service provision,
including how to manage uncertainty about gender identity; (b) how to
deal with third party transphobia; (c) where to direct trans men and
non-binary gender identified persons; (d) how to support someone
intending to undergo FTM transition; and (e) procedure for
determining exceptional circumstances justifying different service
provision.
- Develop proactive measures to circumvent transphobia and encourage
inclusion, structured into service provision via intake procedures
and website – these should include (1) making it explicitly clear to
other service users that the service is inclusive of trans women; (2)
incorporating well phrased non-compulsory questions for all service
users to allow for discussion of gender identity, should persons wish
to do so;
- Consider whether tackling transphobic behaviour is adequately
provided for in processes for dealing with abuse of staff.
- Ensure that monitoring records only acquired gender. It may be
possible to record trans status anonymously for statistics but only
with consent.
- Provide specific coverage of trans issues in confidentiality protocol
(much the same as any other data protection – do not record without
consent and do not disclose without consent).
Funding
- Stronger together recommends talking to funders about the planned
inclusion of trans women to avoid any future difficulties or unspoken
tensions. Changes, reasons for changes and benefits should be made
clear. If necessary this may need to include a brief information
session making funders aware of statutory obligations in respect of
inclusion as well as some gender awareness training.
Training
Training is required on:
- unique experiences and specific needs of transgender people
experiencing domestic abuse
- dealing with third party transphobia
- legal obligations in respect of working with trans women
Advertising
- Include a clear statement that the Agency provides services to
transgender people on the Agency’s website – if not including trans
men explain why and add links for further support.
- Include transgender people in information leaflets, flyers and other
advertising.
- Prominently display a broken rainbow or other LGBT domestic abuse
poster prominently within the service.
- Do not advertise as available to "all women" is this assumes equality
-- so much hostility felt that it implies exclusion by failing to be
explicit enough. Could try: "We welcome service users and staff from
all backgrounds, including those with protected characteristics as
defined in the Equality Act 2010: religion, race, age, sex, gender
identity, sexual orientation, pregnancy and maternity or disability.
We actively seek to eliminate discrimination, harassment or
victimisation on these grounds, and to ensure that staff, visitors
and service users feel safe, welcomed, valued, included and
respected."
Charter Mark and Champion
Recommended by the EHRC and Stronger together.
Partnership working with LGBT and transgender equality organisations
Recommended to inform service design and delivery by the Equality and Human
Rights Commission and the LGBT stop domestic abuse project.
Literature reviewed
Equality Mainstreaming: Policy and practice for transgender people, 2007, Institute of
Conflict Research.
Engendered Penalties: Transgender and Transexual People’s Experiences of Inequality and
Discrimination (The Equalities Review), 2007, Press for Change and Manchester
Metropolitan University.
Trans research review, Research Report 27, 2009, Equality and Human Rights
Commission.
Provisions on goods, facilities and services to trans people: Guidance for public authorities in meeting
your equality duties and human rights obligations, 2010, Equalities and Human Rights
Commission.
Out of sight, out of mind? Transgender People’s Experiences of Domestic Abuse, 2010, Scottish
Transgender Alliance and LGBT Stop Domestic Abuse.
Stronger Together: Guidance for women’s services on the inclusion of transgender women, LGBT
Youth Scotland, Tayside VAW Training Consortium, LGBT Stop Domestic Abuse
Project, 2011.
Shining the Light: 10 keys to becoming a trans positive organisation, Galop, 2011, Benjamin
Gooch.
‘Transgender Policy for (i) Provision of Generic Health Services; and (ii)
Employer’s Duty’, NHS Greater Glasgow and Clyde.
‘Transgender Policy’, Edinburgh Rape and Sexual Assault Center
‘Transgender Policy’, Dundee Rape and Sexual Assault Center
Domestic Violence: A resource for trans people, NHS Barking and Dagenham
Understanding Transgender: Frequently asked questions about transgender people, A Resource from the National Center for Trangender Equality, May 2009
Appendix A: Special process for CRB applications from trans people
Criminal Record Bureau (CRB) applications need not be a problem for trans people because there is a special process which they can follow in order tosidestep the problems they would otherwise face in complying with the requirement to make truthful statements.
It should be stressed that this process does not weaken the effectiveness of the process in any way.
The detailed steps are explained on the Criminal Records Bureau web site.
Applicants may telephone the CRB on 0151 676 1452 to discuss this matter inconfidence or email CRBSensitive@crb.gsi.gov.uk.
How it worksBriefly, the process operates as follows:
Trans applicants for a CRB disclosure should first contact the bureau as above, to clarify anything they are not sure about and ensure that the CRB know they will be using the special provisions.
They should then complete the form presented by their employer in the normal way, except that they need not complete details (or supply forms of evidence) that would expose their gender history to their employer.
If they wish to leave out details that could ‘out’ them then they should photocopy the form, ensuring they have a clear record of the application serial number.
The applicant should then immediately contact the CRB as above and notify them of the application number. Note that only the above contact details should be used, not the main CRB call centre number.
The special security section of the CRB in Liverpool then have the means tointercept the application submitted by the employer. They will ask the applicant to supply the information needed to replace that which was omitted. This is then matched up so that a rigorous criminal records check can be carried out in the same way as for any other applicant.
Disclosures sent to the employee and their employer will not reveal the applicant’s former identity unless they have an offence or caution that hasbeen recorded in that name in police records. In this case there is no way of avoiding the disclosure of that former identity to the employer. Howeverthe organisation’s policy for dealing with CRB applications and data shouldinstruct staff how to deal with this eventuality in a responsible manner ifit occurs. This should include reassurances that will need to be given to the applicant / member of staff in the event that the offence itself is notserious enough to preclude employment.
From the EHRC website, http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/
guidance-on-recruiting-and-supporting-trans-people/roles-that-require-police-checks/the-crb-solution/, (06/03/2012).