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).