The equality watchdog has released provisional instructions following the Supreme Court’s decision that the term ‘woman’ is determined by biological sex
The Equality and Human Rights Commission (EHRC) stated that trans women “should not be allowed to utilise women’s facilities” in employment or public-facing services such as retail establishments and hospitals.
This also pertains to trans males, who are naturally feminine, utilising men’s restrooms. However, the watchdog emphasised that transgender individuals “should not be placed in a situation where suitable facilities are unavailable for their use.”
During the Easter break, the Supreme Court affirmed that the terms “woman” and “sex” in the Equality Act pertain to biological womanhood and biological sex.
The verdict has been construed to signify that transgender women, who are biologically male yet identify as female, may be barred from women-exclusive areas such as restrooms and changing facilities.
The guideline has been issued due to the numerous enquiries regarding the judgement and its implications, stated the EHRC.
According to the new guidance, schools are required to offer single-sex changing facilities for boys and girls aged eight and older.
The watchdog stated that “appropriate alternative arrangements may be necessary” for transgender students, asserting that transgender girls “should not be allowed to utilise the girls’ lavatory or changing facilities, and students identifying as transgender boys (biological females) should not be permitted to access the boys’ lavatory or changing facilities.”
The regulatory body stated that sports clubs and other organisations comprising 25 or more individuals may be solely designated for biological males or females.
The guideline stated that such clubs “may be restricted to individuals who possess two protected characteristics.”
This implies that a lesbian women’s sports club should exclude transgender women from membership.
The regulatory body is developing a comprehensive code of practice in response to the Supreme Court verdict, which it intends to submit to the Government for ministerial approval by June.
