EHRC urgently reviews employer guidance on single-sex jobs

The equalities watchdog is urgently reviewing its guidance for employers on single-sex jobs as women’s refuges are “routinely” and “unlawfully” advertising positions to male-born applicants.

The Equality Act has exemptions which allow employers to restrict a job role to a particular sex if they can show it is an “occupational requirement” and is “a proportionate means of achieving a legitimate aim”.

Under these rules, it is lawful for women’s domestic violence and rape charities to advertise female-only positions.

However, the feminist campaign group Fair Play For Women (FPFW) has alerted the Equality and Human Rights Commission (EHRC) to nine different charities which allow men who identify as women to apply for jobs reserved for female candidates.

Need for clarity

The EHRC says it is now conducting an immediate review of its guidance for employers on the advertising of single-sex positions.

A spokesman said: “We acknowledge the need for clarity regarding the lawful use of the occupational requirement exemptions set out in Schedule 9 (Part 1) of the Equality Act 2010, and we will take action to provide it.

“We are urgently reviewing our guidance on discriminatory adverts and will be updating it shortly.

“In the meantime, we welcome referrals about potential misapplication of Schedule 9 provisions and will continue to assess and take action to resolve these on a case-by-case basis.

“Employers should be aware of their obligations under the Equality Act and know that we will enforce them.”

Dr Nicola Williams, director of FPFW, said fresh guidance on this issue was needed because many organisations are “misinterpreting” equality laws.

She said: “The Equality Act has exemptions which allow employers to lawfully restrict a job role when necessary, such as with positions in women’s domestic violence refuges, to people of the female sex.

“This does not include people whose sex is male even if they identify as women and have the protected characteristic of gender reassignment.

“But domestic violence and rape charities are now routinely misinterpreting this law because of the mistaken belief that they must still invite trans women to apply for female-only jobs for fear of being accused of discrimination.”

Growing outcry among feminist groups

The EHRC review comes amid a growing outcry among feminist groups against trans women being employed by rape and domestic violence shelters.

They argue that such spaces should be female-only due to the vulnerability of the women who seek their help.

In May 2021 Edinburgh Rape Crisis made the controversial move of appointing a trans woman, Mridul Wadhwa, as its chief executive – a job that was advertised as being reserved for a woman.

And in January this year Dundee Women’s Aid was criticised for publishing a job advert for a women’s support domestic abuse practitioner, which encouraged applicants who “identify as women” to apply for a female-only position.

FPFW has further found that Kirklees, Calderdale and Wakefield Rape and Sexual Abuse Centre in West Yorkshire posted an advert for a counsellor that was “restricted to women or non-binary identifying persons”.

West Yorkshire Police were also revealed to have advertised for a “female identifying co-chair” of their violence against women and girls Multi-agency Investigations Scrutiny Panel in January 2023.

Brighton Women’s Centre invited “self-identifying” women to apply for the role of a women’s accommodation support worker.

Similarly, Nottingham Women’s Centre posted a job vacancy for a new chief executive in April 2023 which specified: “Due to the nature and sensitivity of the project’s client group, the post holder must be a self-identifying woman.”

Dr Williams added: “It’s a travesty that women who have been subjected to male violence can now no longer be confident that they can seek help from single-sex services.”