July 30, 2020
McGuireWoods London associate Adam Penman wrote an article for the July 2020 issue of HR Magazine about issues employers may face under the United Kingdom’s gender pay gap legislation.
Focusing on the reporting of transgender or nonbinary employees, Penman wrote, “The legislation, perhaps unwittingly, brings employers into the debate about how to define gender as it is up to the discretion of employers to decide practically how to include trans people in their reporting.”
The article highlighted the need for transparent, consistent reporting by employers and cited a number of hurdles to overcome, including confidentiality and data protection issues, potential inconsistencies in reporting approaches and the incorrect identification of individuals.
“As the trans movement continues to inform the debate on gender and equality, it is important to maintain momentum for accountability for pay injustices and benchmark progress by acknowledging gender nuances in reporting, at the very least by including trans employees’ in accompanying pay gap reporting narratives,” wrote Penman.