In a Jan. 7, 2021, People Management magazine article, McGuireWoods London associate Adam Penman discussed what a recent ruling on gender discrimination in the workplace means for employers.
The article, “Diversity Policies Should Reflect the Range of Gender Identities,” analyzes the clarification of Equality Act 2010 language in a landmark September 2020 decision by the Birmingham employment tribunal. The decision confirmed that employee protection extends to those who identify as nonbinary and clarified that, to qualify for this protection, there is no strict requirement to positively take steps to reassign one’s sex.
“No matter an employer’s own view on gender issues, given the trajectory of developments, it’s clear from a legal risk perspective that cautious businesses should take proactive steps to mitigate risks associated with gender-related discrimination,” Penman wrote.