Maya Forstater and her Employment Tribunal 💰
"This judgment does not mean that those with gender-critical beliefs can “misgender” trans persons with impunity."
What happened in the original case?
Maya took a case to the Employment Tribunal back in 2019 when her contract with Centre for Global Development was not renewed because of her anti-trans comments and statements. The organisation said that her views on trans people were less than savoury, and the judge agreed. The judge found that her approach was “not worthy of respect in a democratic society”.
The appeal and what it actually means
Maya appealed their decision that her beliefs were not protected, and the appeal judge then ruled that her gender-critical beliefs were protected under the Equality Act.
This means that yes - she is able to hold those beliefs.
However, her beliefs were also described as such which,
‘may well be profoundly offensive and even distressing to many others’.
However, the real question is what someone is allowed to do with those beliefs. How far can they go in publishing them in articles, speaking them in media interviews, posting them online?
When does a belief turn into targeted harassment against a group of people - in this case, transgender people?
The appeal judge awarded her loss of earnings, but also made several important clarifications:
This judgment does not mean that those with gender-critical beliefs can “misgender” trans persons with impunity.
The Claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment that apply to everyone else.
This judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the Equality Act. They do.
This judgment does not mean that employers and service providers will not be able to provide a safe environment for trans persons.
What this means in real terms
In plain speaking: no, it is not OK to refer to a transgender woman as “he”, or to call her male, or a “trans-identified man”. Discrimination and harassment are never acceptable, and trans people are protected against this by UK law.
And for employers: make sure your workplace policies are up to date and trans-inclusive.
Over to You
What do you think about so-called gender-critical views, and when do these views become unacceptable?
I’d love to hear your thoughts. Please subscribe to share them in the comments below.
This is part of a series examining cases, commentary and hearings concerning gender identity. If you have a case or article you’d like me to review, get in touch.