Transgender views are philosophical belief
An employment tribunal has ruled that opinions on whether or not it’s possible to change one’s biological sex are protected philosophical beliefs under the Equality Act 2010. This means that an employer is not allowed to discriminate against employees who do not believe a woman can become a man or vice-versa.
Financial academic Maya Forstater became a consultant at the Center for Global Development (CGD), a think-tank that campaigns against poverty, back in 2015. After a series of Tweets in which she referred to transgender women as men and essentially espoused her views that people cannot change their biological sex, the CGD failed to renew her contract in 2019, on the basis of her beliefs.
Ms Forstater took the CGD to an employment tribunal in 2019, claiming that the organisation had discriminated against her on grounds of her philosophical belief, in contravention of the Equality Act 2010. The employment tribunal judge dismissed her claim, stating that her “gender critical” views were “incompatible with human dignity and fundamental rights of others”.
But upon appeal in 2021, the Employment Appeal Tribunal (EAT) ruled that her beliefs regarding transgender people were actually protected under the Equality Act. In effect, the EAT said that employers who discriminate against staff on the basis of their views about the possibility of changing biological sex, are in breach of the Equality Act.
The EAT referred the case back to an employment tribunal in 2022, which ruled that the CGD had indeed discriminated against Ms Forstater on the basis of her “gender critical” views. Welcoming the outcome, she said that: “My case matters for everyone who believes in the importance of truth and free speech. We are all free to believe whatever we wish. What we are not free to do is compel others to believe the same thing, to silence those who disagree with us or to force others to deny reality.“
Author JK Rowling, who has suffered abuse from transgender activists angered by her beliefs regarding the gender identity debate, congratulated Ms Forstater: “Every woman who’s been harassed, silenced, bullied or lost employment because of her gender critical beliefs is freer and safer today“.
Commenting, Amanda Glassman, chief executive of the CGD, said: “We are reviewing today’s judgment, which found in favour of Ms Forstater on some claims, and dismissed others. CGD’s primary aim has always been to uphold our values and maintain a workplace and an environment that is welcoming, safe, and inclusive to all, including trans people.“
Remedies – such as any compensation – is due to be determined at a later date.