Emergency Composite U (covering Emergency Motions 4 & 8)
Legal Protection for Gender Identity and Trans Rights
“That this Congress notes the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, which clarified that the protected characteristic of “sex” in the Equality Act 2010 refers to biological sex. This ruling has significant implications for interpreting sex-based rights and protections under the Act and is likely to be used as a pretext for removing protections for trans and non-binary people in the workplace and elsewhere and undermining their rights.
“Additionally, the UK Employment Court ruling in Taylor v Jaguar Land Rover in 2020 clarified that non-binary and genderfluid identities fall under the protected characteristic of gender reassignment in the Equality Act.
“While significant, the Equality Act is outdated regarding gender identity and does not reflect the experiences of many LGBT+ members. It explicitly excludes “gender identity” as a protected characteristic, and the “gender reassignment” provision is narrowly defined, excluding many trans, non-binary, gender diverse, and intersex people. Although the previous EC ruling implies protection under gender reassignment, there is still a need to explicitly define it, as this leaves many without clear protection from discrimination and harassment due to their gender identity.
“Everyone has the right to live and work free from discrimination and harassment, regardless of gender identity.
“The right-wing media and politicians have welcomed the ruling as a victory and the ruling is likely to lead to more trans-exclusionary decisions being made by public bodies, employers and other institutions and organisations.
“We believe that solidarity with trans and non-binary people must be a matter of principle for the trade union movement, just as we oppose racism, sexism and ableism. Trans inclusion is a workplace issue. Our solidarity cannot depend on the law or how courts interpret it; there can be unjust laws and legal decisions.
“The law must evolve to reflect understandings of gender and ensure explicit protection for trans, non-binary, gender diverse, and intersex people. Equality for trans and gender-diverse people is a trade union, workers’, and human rights issue.
“Congress calls on the STUC General Council to:
- Make a statement in support of trans and non-binary rights, ensuring that trans and gender-diverse voices are central;
- Work with STUC equality committees, affiliates and their equality committees to draw up guidance on supporting trans and gender-diverse workers, challenging transphobia, negotiating improved workplace policies on trans and non-binary rights, and resisting any attempts by management to change any positive existing policies to reduce trans and non-binary rights;
- Promote appropriate pro-trans protests and actions;
- Put pressure on the Scottish government to make a public statement and continue to support and improve support for trans and non-binary rights;
- Campaign for the introduction of comprehensive legislation for full protection from discrimination, harassment, and victimisation for trans, non-binary, gender fluid, and intersex people; and
- Work with affiliates, legal experts, and community organisations for legal reform; and
- Hold an event on opposing transphobia in the workplace and wider society.
Mover: STUC LGBT+ Workers Committee
Seconder: University and College Union
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