Supporting Non-Binary Colleagues: Can we do more?

When I started Worket I knew I wanted to focus on the areas of diversity and inclusion that really terrified some people. The topics that are mentioned in passing but not dwelled on. The significant subjects that most recruiters didn't feel comfortable addressing.

I also knew I had to do a lot of work in order to do that in a compassionate, careful and relevant way. My style is often speaking first and thinking later - a sure-fire way to get in trouble, get arrested and definitely not the way to build a business.

So I am learning too - most of the time I research, test and test again. I won't always be right, but I will be learning...always learning.

So I will always preface any of my newsletters or my coaching with the disclaimer - I am NOT an Inclusion Expert - I am an Inclusion Scholar, I want to continue to learn and understand people and make sure I ask questions that guide me to help my clients.

Remember 2020 - how can we forget!?

Right in the middle of that bat-shit scary year, there was a ruling in an employment tribunal involving Jaguar Land Rover. It acknowledged the recognition that non-binary identities fall within the gender reassignment wording as a protected characteristic under section 7 of the 2010 Equality Act.

This means that legally the definition of gender reassignment does not require any medical intervention; as such, a change in clothes, hair, name or pronouns, i.e. the “attributes of sex” brings non-binary identities within this definition under this ruling.

Whilst this is not an official legal precedent at the current time, it signals a change in the legal climate and looks to be influential in its claims. As such, it is my view that businesses and organisations should lead by example and not wait for the legal apparatus to afford non-binary colleagues the same rights as others.

This should include the right to be identified appropriately and to be able to safely use the appropriate bathroom and well-being facilities.

So - if you feel a bit behind the times (as many people do and don't be afraid to admit it), here is a quick recap:

Gender identity is somebody’s lived experience of their own gender and the way in which an individual would describe themselves.

It could be the sex assigned to them at birth but equally, it may not be. Gender is an individual’s connection between their body, mind and wider society. It is important to remember that gender is not a choice - for anyone. It is a key aspect of somebody’s identity, however, the words they use to describe it may change with time given language can be limiting and evolves literally every day - I can barely keep up.

Gender expression relates to how we communicate our gender to others, via our interactions, our clothes, our hair, our cosmetics, our scent and our body language.

Gender congruence has emerged as a term for how comfortable we feel within our gender.

For example, are we able to be our true selves and are we accepted for this?

Stonewall helpfully define the following terms:

Trans/Transgender – someone whose gender identity or gender expression is different from the gender that they were assigned at birth.

Cisgender – someone whose gender identity or gender expression matches the gender they were assigned at birth.

Non-binary – an umbrella term for people whose gender identity does not sit comfortably with “man” or “woman”. Non-binary identities are varied and can include people who identify with some aspects of binary identities, while others reject them entirely.

Non-binary people can feel that their gender identity and gender experience involve being both a man and a woman, or that it is fluid, in between or completely outside of that binary.

What does this mean?

Most businesses state open support for non-binary communities via their Pride networks and more niche DEI work but many firms are not taking action to shift the dial to bring about essential and relevant change.

There is no longer ambiguity on this matter and this is not a radical social change. Many cultures have a history of non-binary roles which reach back to antiquity. Now businesses must keep up with the social change shifts that have already taken place if they are to attract, retain and promote the precious top talent.

According to Stonewall statistics from 2018, 37% of non-binary colleagues do not feel comfortable coming out at work, versus 4% of lesbian colleagues and 7% of gay colleagues.

Limited passport options are just one example of a lack of support from the government and authorities and provide a license for society and for businesses to act as though non-binary citizens do not exist, and are not seen. If they are not seen, then they cannot be understood, accepted or respected in the workplace, in particular by people managers and co-workers, leading to workplace anxiety and isolation from wider society.

The UK National Statistics office reports that c. 0.4% of UK citizens are non-binary (c. 250,000 people) and yet there are still only two binary options on passports for “male and female”.

Banks have been a bit more on the ball since 2014 - with the addition of Mx (used as a gender-neutral title of courtesy).

The word?"Mx"?was first suggested in the late-1970s as a feminist word for those who didn't want their gender to be revealed in their title, and there are many men and women who use?Mx?for similar reasons today.

What can my business do to support our non-binary employees?

In 2020, Ms R Taylor successfully won an employment tribunal against Jaguar Land Rover after arguing she had suffered harassment and discrimination since she began openly identifying herself as gender-fluid in 2017.

Jaguar Land Rover attempted to argue that gender fluid or non-binary definitions did not fall under the 2010 Equality Act, however, the tribunal panel understood that the government has referred to gender as a spectrum in previous discussions about the Equality Act and therefore ruled in favour of Ms R Taylor.

This demonstrates that non-binary people can be protected by the Equality Act.

I strongly suggest that businesses use this employee tribunal finding as a catalyst to review policies, and how they are applied and used within their business processes in order to drive the required changes.

To support you in this I would recommend prioritising the following items:

Monitoring

Capturing gender identity data is crucial in establishing a starting point or baseline to allow subsequent measuring of progress towards committed inclusion goals.

Data monitoring must be updated to allow capture of explicit options other than male, female or other, such as non-binary. Aim to collect pronouns where possible.

Pronouns, pronouns, pronouns

Although frequently unintentional, simply assuming a colleague’s gender or pronouns can be a risk and damaging for a variety of reasons: due to the notion that only two genders exist, that only one gender is able or qualified for a certain role or that a person is left feeling misunderstood and hurt and may feel disadvantaged. Assuming gender solely based on outward appearance also sends a message that one must look a certain way to reflect that gender.

Pronouns are something that won't "go away" so get with the programme - educate your staff and share stories and anecdotes that speak to the hearts and minds of your staff. Customer stories, the opportunities, the talent. I often find those that shy away from this topic are just scared to be shown up through a lack of knowledge - people, in the main, aren't bad or mean - they are just uninformed. (see my bit on Education just down the page a bit).

Sharing pronouns and using gender-inclusive language helps to demonstrate your commitment to Trans and Non-binary communities, and can help in avoiding innocent mistakes, such as misgendering someone. It can also help to reduce gender-based stereotyping.

All meetings could be established by pre-sharing the pronouns of attendees to help normalise this act for all colleagues and clients.

In the same way that you might share a list of attendees, you could simply add known pronouns alongside these names (e.g. Dorris Day, Consultant (they/them), Jim Brown, Project Manager (he/him)). All of your colleagues should be empowered and encouraged to include pronouns within their email signatures, social media and websites. These should be built into standard template options.

Name:

Pronouns:

Job Title:

Office address:

Telephone number:

Please note this practice should not be compulsory; as we may not all feel safe and comfortable sharing our pronouns yet. Additionally, “preferred pronouns” has fast become an outdated term that signals that pronouns are a choice.

In the same way that someone can choose a nickname to be used within emails/IM/video conferencing software, this should also be afforded to colleagues that now use a different name, until such time that their email address can also be formally amended.

Pronouns could be built into our names such as Surname “Smith”, First name “Lucy (she/her)” so that even on video conference nobody is accidentally misgendered or impacted.

If the software doesn't allow you to amend the name look for a workaround to share pronouns and standardise it.

Explicit wording

Look to extend the protected characteristics you include in job adverts and policies to include gender identity/expression.

Acknowledge explicitly that this includes all gender identities such as non-binary, genderqueer, gender fluid, trans, a-gender, bi-gender etc.

Any examples of bullying within any anti-bullying policies should also be explicit such as using the wrong pronoun for an individual and all gendered terms should be removed from all policies.

Clear guidelines

Gender equality guidelines containing information about key legal protection, pronouns, dress code, terminology, use of facilities etc should be reviewed and updated/created to support non-binary colleagues.

Education

It feels obvious but I think it is worth affirming that comprehensive education and training on gender identity/expression, sexuality and sex and what it means should be provided to all colleagues and people managers.

I strongly suggest this is mandated, refreshed annually and led by the HR team DE&I leader. The people that shy away from the training of this type are usually those that need it most.

This is often where employees feel most confused and need guidance and support to avoid making mistakes such as misgendering someone or confusing gender/sex with sexuality.

As a business, you should be sensitive to different gender identities and ensure that your employees use terminology appropriately, guided by any individuals concerned to make your business open and engaging and to protect your firm’s hard-earned reputation.

Offices and Public Buildings

All real estate decisions should include the implementation of gender-neutral facilities as mandatory, in particular during periods of office refurbishment such as during the COVID-19 pandemic. If external landlords pose a problem to this, an initial response could be to acknowledge internally that one bathroom contains urinals, and one contains sanitary bins. Employees can then make their choice without fear or stigmatisation.

Supporting the Trans and Non-Binary communities within your workforce helps to reduce stigma and provides a safe space for employees to be themselves. This results in mutual benefits for employers and employees alike, including lower turnover, higher productivity and reduced absence.

Will you try any of these suggestions in your business?