Maya Forstater was discriminated against, says Tribunal
A woman who lost her job after saying people cannot change their biological sex has won her Employment Tribunal. Maya Forstater was accused of posting "inflammatory and objectionable" tweets about transgender people and opposing Government plans (which were later dropped) to reform the Gender Recognition Act to allow people to identify as the opposite sex. Her contract at the think tank Centre for Global Development (CGD) was not renewed in 2019 after her series of tweets on biological sex.
The Tribunal ruled that Forstater suffered direct discrimination when the CGD, where she was a visiting fellow, did not renew her contract or fellowship. Direct discrimination is defined as less favourable treatment of someone who has a protected characteristic. The Tribunal also ruled that she suffered victimisation with respect to the removal of her profile from CGD’s website (defined as when an employer takes action against an employee in retaliation for the employee raising a complaint). Its decision comes after Forstater successfully brought a test case to establish that gender-critical views are a protected philosophical belief under the Equality Act. She initially lost that case at a Tribunal in 2019 but won a landmark decision on appeal in 2021, with the judge stressing that while gender-critical views might be “profoundly offensive and even distressing to many others … they are beliefs that are and must be tolerated in a pluralist society”.
Forstater said in a statement afterwards that the case "matters for everyone who believes in the importance of truth and free speech”, adding:
"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. Human beings cannot change sex. It is not hateful to say that. In fact it is important in order to treat everyone fairly and safely. It shouldn't take courage to say this and no one should lose their job for doing so. I am pleased the tribunal has allowed me to put on record what happened to me at the Centre for Global Development. The tribunal has found that I was a victim of discrimination because I stated that biological sex is real and important, a view shared by the vast majority of people in this country. I just hope employers will take note of the judgment."
Ms Forstater previously took her case to an employment tribunal on the grounds that the sacking constituted discrimination against her beliefs. Employment judge James Tayler originally dismissed her claim but High Court judge Mr Justice Choudhury later ruled that the judgment had "erred in law."
Amanda Glassman, chief executive of CGD Europe and executive vice president of the Centre for Global Development, 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. As we consider our next steps in this case, CGD remains focused on our mission: reducing global poverty and inequality through economic research that drives better policy and practice by the world’s top decision makers.”
Forstater released an official comment following the verdict:
“Right now I feel amazing. I feel vindicated. And the battle I've fought for the last three years – all the stress and strain on my family – feels worth it. Mainly, though, I'm thinking about the thousands of women in the same boat who have been too frightened or intimidated to speak up at work because they were terrified they would lose their jobs. Many of them are in jobs where biological sex really matters – like teachers, nurses and social workers.
“I was the victim of discrimination. And now employers everywhere will have to take note of the judgment. Workers in the public and private sectors, in the arts, cannot be cancelled because they do not believe that a biological man can become a biological woman and vice versa. My campaign group Sex Matters will carry on helping people to understand the law and help organisations understand that they cannot impose their beliefs about gender on to staff and customers. They have to respect that people have different beliefs.”
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