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In today’s world, many people are fortunate to live and work in environments that prioritise diplomacy, respect, inclusivity, and fairness. However, it’s important to recognise that not all workplaces have established the necessary frameworks, policies, and procedures to effectively manage and address issues of discrimination and harassment. As a result, some employees face unfair treatment based on their gender identity and expression.
Without robust frameworks and policies in place, businesses often lack the capacity, structure, and knowledge required to adequately protect their employees’ rights and build an inclusive, respectful culture. This deficiency in support and structure leaves employees vulnerable and unsupported, with no clear communication channels to voice or report their concerns. The absence of proper safeguards can have far-reaching consequences, not only for individual employees but for the overall workplace atmosphere. It can lead to decreased morale, reduced productivity, and a toxic work environment. In addition, it may expose companies to legal risks and damage their reputation in the long run.
To create truly inclusive and respectful workplaces, it’s crucial for organisations to proactively develop and implement comprehensive policies that address discrimination and harassment. This includes establishing clear reporting mechanisms, providing regular training for all employees, and building a culture where everyone feels safe and valued regardless of their gender identity or expression. By taking these steps, businesses can better protect their employees, promote equality, and build a positive work environment that benefits all.
Businesses that take the time to create frameworks and address gaps, if there are any, ensure that all individuals, regardless of their gender, identity and how they express themselves are respected and given equal opportunities. In this post, the team at Nationwide Employment Lawyers explore this topic in more detail, discussing what gender identity and expression is, as well as the legal framework that supports it and acts as protection for employees.
What is Gender Identity and Expression?
Gender identity and expression refers to how individuals perceive and express their gender in ways that might align with or differ from the sex assigned to them at birth. Gender identity is unique to the individual and may not be visible to others. It is about an individual’s personal sense of themselves and is more than their appearance or society’s expectations.
Gender expression is different to identity in that it refers to how individuals choose to present their gender. By this we mean clothing, hairstyles, how they talk and how they behave. Gender expression can be fluid, and it does not have to align with gender identity or more traditional and conventional gender expectations.
The Legal Framework That Supports Gender Identity and Expression
The Equality Act 2010 (EqA) is the key legislation and legal framework that protects employees from being unfairly treated and it includes gender identity and expression. It is the role of the employer to prevent and address such behaviour, and to create a workplace that is respectful and inclusive of all gender identities and expressions. If businesses do not comply, this can result in legal action at an Employment Tribunal as well as creating a negative reputation for themselves based on their biassed ways of working.
Below are the key definitions the Equality Act 2010 have for discrimination and harassment, which are similar but there are distinct differences;
Discrimination; Unfair treatment based on a protected characteristic such as gender, age, race, sex, disability, religion, or sexual orientation. This includes direct discrimination, where a person is treated less favourably because of their characteristic and indirect discrimination where policies can disadvantage certain groups. Discrimination can have an impact on recruitment processes, career development, as well as pay and working conditions.
Harassment – Unwanted behaviour that is related to a protected characteristic; similar to discrimination but where the purpose is creating an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment is about how the behaviour impacts a person’s dignity. Examples include offensive jokes, exclusion, or derogatory comments.
Unfortunately, despite the Equality Act 2010 being in place, many are still treated unfairly in the workplace. So, it is paramount that employees understand the EqA and their rights.
How Can Businesses Truly Support their Employees?
There is no doubt that to support employees and create an inclusive working environment where everyone feels valued and respected, a proactive approach is required. Below we explore some of the key areas we feel are essential;
- Gender Neutral Facilities – A simple but powerful step in the right direction. Gender neutral facilities offer an inclusive environment for all employees, regardless of gender identity and expression.
- Inclusive Language – When we talk about inclusive language, we are referring to all communication channels that are free from bias, any form of discrimination, or exclusion towards any protected characteristic. The aim is to promote equality, inclusivity and respect by recognising diversity.
- Respecting and Using Chosen Pronouns – This is an essential practice for businesses to adopt as it means that employees can be seen and recognised for who they are.
- Policies – Businesses should establish policies that protect against discrimination and bias. These policies should clearly outline the expectations for employee behaviour, the communication channels and procedures for reporting issues and acts of harassment and discrimination and the consequences.
- Training – A key step in the creation of an inclusive workforce and environment is regular training and equipping teams with the knowledge and skills to address and prevent potential biases.
- Ongoing Support – Support through designated channels and resources, such as Employee Resource Groups (ERPs) shows a commitment to overall employee wellbeing and how dedicated businesses are to creating an inclusive and fair environment.
Want to Learn More About Employment Law Specific to Gender Identity and Expression?
If you are experiencing discrimination or harassment at work that is related to your gender identity and expression, we highly recommend that you take the time to understand your rights and options moving forward.
Nationwide Employment Lawyers specialise in working on and managing cases of unjust and are here to work with you, guiding you through your situation. We have extensive experience; we fight hard for our clients, and we get the results we want. Claims are handled by our expert employment law solicitors, barristers, or senior advocates.
With up to twenty years of experience, we are committed to delivering exceptional service and pride ourselves on being a modern, efficient, and highly skilled team, making sure our clients receive the highest standard of legal support. Please call us on 0333 242 3851 or complete our online contact form.
