SG trans policy and guidance review 2021/2022: equality impact assessment
Equality impact assessment (EQIA) for Scottish Government's employer trans and non binary equality and inclusion policy.
Stage 2: Data and evidence gathering, involvement, consultation and consideration.
The table below sets out further results of evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.
Age
Evidence gathered and Strength/quality of evidence
There is no SG workforce intersectional data regarding trans + age.
However, we do know that at Dec 2021, 16-29 year olds represented 17.9% of our workforce. This is below the Scottish working age population average of 26.9% which means this group is underrepresented in SG.
External
PhD Thesis Exploring and understanding young LGBT+ people's suicidal thoughts and attempts in Scotland found that adverse childhood experiences, bullying and social isolation, a cis-heteronormative community climate, concerns and challenges coming out, and difficulties in education were seen as contributory factors, to which suicide was often conceptualised as a response. For many underlying this were feelings of entrapment, defeat, burdensomeness, and a lack of belonging, and it was in response to this that participants in this study began to experience suicidal distress. Staying safe from suicide therefore often relied on dismantling these feelings, both through accessing support and gaining a sense of social connection. Relatedly, suggestions for reducing LGBT+ youth suicide in the future centred upon improving mental health support and challenging queerphobic stigma. It concluded that the cumulative weight of both LGBT+ specific and youth specific contributory factors meant that many participants in this study articulated a lack of spaces in which they could safely exist.
Between 0.6% and 1.0% of the population were trans. Trans people seek medical assistance with their transition at any age. The median age is 42.
As of May 2018, around 0.5% of the Scottish population (24,000 people) were estimated to be trans. The Scottish Public Health Network Report on the Health Care Needs Assessment of Gender Identity Services suggests that 0.5% is the most often quoted likely prevalence of trans people.[1] Further data would be required to confirm whether this figure is still accurate in 2022.
Source
Diversity pack - Corporate Analytical Services Team
Gender Identity Research and Education Society (GIRES) - The number of Gender Variant People in the UK (update 2011) (Published: 2011, GIRES)
Data gaps identified and action taken
Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
Scotland’s Census 2022 will include a voluntary question asking whether individuals consider themselves to be trans or have a trans history. This data will allow for up-to-date estimation of the proportion of the Scottish population who identify as trans. Date of birth will also be gathered in the Census 2022, which could allow for disaggregation of trans status by age (subject to sufficient sample sizes to enable robust analysis).
Disability
Evidence gathered and Strength/quality of evidence
Internal
There is no SG workforce intersectional data regarding trans + disability.
However, we do know that at Dec 2021, disabled people represented 8.7% of our workforce. This figure rises to 13.3% if employees who have not provided information about their disability status are removed. 7.3% of Senior Civil Servants were disabled. All figures are below the Scottish working age population average of 20.7% which means this group is underrepresented overall and in senior grades in SG.
External
In a self-selecting survey of 889 trans people carried out in 2012, over half (58%) (of the self-selecting sample) indicated that they had a disability or chronic health condition and 10% reported that their current work situation was ‘permanently/long-term sick or disabled’.[2] Having a long-term disability was identified as an indirect reason for self-harming among some respondents.
Note that respondents were not asked whether their condition limited their day-to-day activities so it is not possible to determine what proportion of respondents were disabled under the Equality Act 2010 definition.
In the same survey, 36% identified that they had a mental health issue. 88% (of 549 who answered the question) had been diagnosed with depression or considered they were or had been depressed and 48% (of 483) had attempted suicide at least once. The research did not gather data from non-trans people for comparison.
In the UK Government LGBT Survey carried out in 2017, a third (33%) of the 108,100 respondents indicated that they had a disability, whereas 14% of non-trans respondents said they did.[3] This is a large-scale online survey of people aged 16 and above living in the UK who self-identified as having a minority sexual orientation or gender identity. The sample was self-selected, and participants had to be willing to self-identity. This may mean that the findings are not representative of the trans population as whole. It also means that it is not possible to make direct comparisons with the general population.
Evidence indicates that transitioning to the gender with which the person identifies helps resolve distress and mental health issues.[4]
The Gender Identity Development Service (GIDS), commissioned by NHS England, has some information on its evidence base of a higher prevalence of autistic spectrum conditions in clinically referred gender dysphoric (GD) adolescents than in the general adolescent population.[5] This clinical observation is also reiterated in the wider international literature.
Among respondents to the 2019 consultation who were broadly in support of a statutory declaration-based system, some suggested that: “while the mental health inequalities faced by the trans population are not solely related to legal gender recognition, being able to access this without being subject to a distressing, humiliating process should boost wellbeing.”[6]
Source
Diversity pack - Corporate Analytical Services Team
UK Government LGBT Survey Research Report July 2018
Information collated by the Gender Identity Development Service England.
Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot)
Data gaps identified and action taken
Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
Scotland’s Census 2022 will include a voluntary question asking whether individuals consider themselves to be trans or have a trans history.[7] This data will allow for up-to-date estimation of the proportion of the Scottish population who identify as trans. Data on disability will also be gathered in the Census 2022, which could allow for disaggregation of trans status by disability (subject to sufficient sample sizes to enable robust analysis).
Whilst there is some evidence to suggest that there may be a link between gender dysphoria and autism, there is an absence of evidence on co-morbidities and on the reasons for this link.
Sex
Evidence gathered and Strength/quality of evidence
Internal
There is no SG workforce intersectional data regarding trans + sex.
However, we do know that at Dec 2021, 56.2% of our workforce were female. This is above the Scottish working age population average of 50.8%. At the same date, 49.8% of Senior Civil Servants were female.
External
The position in the UK similarly reflects the apparent position in other countries that there are more trans women than trans men.[8]
Source
Diversity pack - Corporate Analytical Services Team
See the evidence from 19 countries set out in Meier S.C., Labuski C.M. (2013) The Demographics of the Transgender Population. In: Baumle A. (eds) International Handbook on the Demography of Sexuality. International Handbooks of Population, vol 5. Springer, Dordrecht.
Data gaps identified and action taken
Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
Scotland’s Census 2022 will include a voluntary question asking whether individuals consider themselves to be trans or have a trans history. This data will allow for up-to-date estimation of the proportion of the Scottish population who identify as trans. Data on sex will also be gathered in the Census 2022, which could allow for disaggregation of trans status by sex (subject to sufficient sample sizes to enable robust analysis).
The Scottish Government established the Sex and Gender in Data Working Group which met between 2019 and 2021. The working group published its guidance for public bodies on the collection of data on sex, gender identity and trans status in September 2021.
Pregnancy and Maternity
Evidence gathered and Strength/quality of evidence
Internal
143 staff took maternity leave in 2020, up from 125 in 2018. More staff took longer maternity leave in 2020, with 81.1% taking between 40 and 52 weeks of leave, compared to 55.8% in 2019. There is no SG workforce intersectional data regarding trans + pregnancy and maternity.
Source
SG Equality Outcomes and Mainstreaming Report 2021: Mainstreaming Report
Gender Reassignment
Evidence gathered and Strength/quality of evidence
Internal
We do not currently gather data on employee trans status through our electronic HR (eHR) system. We have added a question on trans history to the new Applicant Tracking System but it has not been in place long enough to generate any data. A separate Equality Impact Assessment is being completed on this work. It follows the recommendations by the Scottish Government’s working group on sex and gender data that these characteristics are measured by replicating the Census questions on Sex and Trans Status.
34 respondents to the People Survey 2021 identified as transgender/other, compared with 6783 who identified as cisgender. There are twice as many staff identifying as transgender/other in 2021 compared to 2020. This is most likely because of a shift in respondents choosing to identify as transgender/other, rather than ‘Prefer Not To Say’ in 2020. Therefore the proportion of employees who identify as transgender/other is around 0.5% of the SG workforce.
Our recent experience of moderating comments on Saltire (intranet) articles has shown increasing tension between holding a belief and manifesting that belief in the workplace. There is disagreement about the definition and meaning of some terms (‘sex’, ‘gender’, ‘gender identity’) and their neutrality. There is evidence that it would be beneficial to increase understanding about the use of pronouns in email signatures (entirely voluntary in SG). All this has caused distress to members of staff networks including the LGBTI+ network, and has affected their sense of safety at work. This is borne out by the results of the anonymous annual Civil Service People Survey 2021 which show that:
- Trans staff report lower scores across most theme scores. This is a statistically significant change from 2020 when transgender staff reported scores mostly similar to or higher than the SG average.
- The rates of discrimination (23.5%) and bullying and harassment (27.3%) among transgender/other staff are higher than the SG average rates of 6.0% and 7.1% (very significant difference). The rates in 2020 were similar to the SG average (very significant increase).
- The People Survey asks follow up questions about whether the respondent reported the discrimination or bullying/harassment (and the subsequent ones whether appropriate action was taken, etc) but these results are suppressed, meaning that fewer than 10 respondents indicated that they had reported it.
UK Government National LGBT Survey; Stonewall – LGBT In Britain – trans report
Both reports point to the experiences of psychological (being outed without permission, harassment, insults or hurtful comments) and physical harm (being attacked) experiences by LGBT people, including in the workplace. Trans people were less likely to have had a paid job in the 12 months preceding the survey (65% of trans women and 57% of trans men had one).
Relevant case law - Maya Forstater v CGD Europe and Others
The Claimant’s gender-critical beliefs, which were widely shared, and which did not seek to destroy the rights of trans persons, clearly did not fall into that category. The Claimant’s belief fell within the protection under Article 9(1), ECHR and therefore within s.10, EqA. However this judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the EqA. It also does not mean that employers and service providers will not be able to provide a safe environment for trans persons. Employers would continue to be liable (subject to any defence under s.109(4), EqA) for acts of harassment and discrimination against trans persons committed in the course of employment.
Source
Civil Service People Survey 2021
National LGBT Survey: Summary report - GOV.UK (www.gov.uk)
lgbt_in_britain_-_trans_report_final.pdf (stonewall.org.uk)
Maya Forstater v CGD Europe and Others: UKEAT/0105/20/JOJ - GOV.UK (www.gov.uk)
Data gaps identified and action taken
Workforce data is a gap for us and will take time to build the body of evidence needed for meaningful analysis. Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
It is positive that more staff are choosing to identify as transgender/other, rather than ‘Prefer Not to Say’. This shows a certain sense of organisational trust and inclusion.
However, the results show that staff who are choosing to identify as transgender/other are having a more negative experience at work and appear not to feel safe to report it. This reinforces the need for this policy and guidance and for it to signpost wellbeing and support available – this is set out in the Policy. It also points to a need to understand from trans staff how we can create safe reporting channels. It also suggests a need to strengthen the examples of what constitutes discrimination / harassment on the grounds of gender reassignment. Both are out of scope for the Trans Equality and Inclusion Policy and Guidance but are within scope for the work being led by HR Policy to review the Grievance Policy and Standards of Behaviour.
Finally it suggests a need to increase organisational understanding around trans experiences and identities. Learning materials have been added to a “Transitioning” pathway on our online learning platform, and further training needs will be considered through the current D&I learning training needs analysis.
These findings reinforce the need for the policy and guidance and for the action previously noted around creating safe reporting channels and building awareness and understanding.
Gender critical beliefs are protected philosophical beliefs under the Equality Act 2010. It is considered that the Trans Equality and Inclusion Policy and Guidance do not result in any detriment or disadvantage to men or women or to colleagues who share protected philosophical beliefs.
SG is still required to provide a safe environment (eliminate unlawful discrimination, harassment and victimisation) for trans colleagues. The Policy and Guidance set out the SG position on this. They also state that “All staff will respect their colleagues’ names and pronouns”. This aligns with our values as an organisation and aims to create a safe environment for trans colleagues. This expectation is not considered to amount to a negative impact on people who share gender critical beliefs.
SG will need to carefully consider the above findings when assessing complaints under the Standards of Behaviour or Conduct policies. That is out of scope for this work but will be raised with the relevant team.
Sexual Orientation
Evidence gathered and Strength/quality of evidence
Internal
There is no SG workforce intersectional data regarding trans + sexual orientation.
However, we do know that at Dec 2021, employees who identified as lesbian, gay, bisexual or other represented 5.4% of our workforce. This figure rises to 7.3% if employees who have not provided information about their sexual orientation are removed. Both figures are above the Scottish working age population estimate of 3.5%.
External
Of the 1,160 self-selected trans people from Scotland who responded to the UK LGBT Survey in 2017, around a third (32.1%) identified as bisexual.[9] A fifth (22%) said that they were gay or lesbian, 13.6% identified as pansexual, and 4.9% as queer. 10.4% said that they were heterosexual. 5.5% said that they did not know, or preferred not to say. The methodology used means respondents are drawn from a non-representative sample of LGBT people across the UK, and therefore it is not possible to generalise these findings to the Scottish trans population as a whole.
Of the 530 self-selected respondents to the 2012 Scottish Transgender Alliance survey who answered the question about sexual orientation, around a quarter identified as bisexual (27%) and another quarter identified as queer (24%). A fifth (20%) identified as straight or heterosexual.[10] Again, this was not a random sample and so findings cannot be assumed to be representative of the trans population as a whole.
Source
Government Equalities Office, National LGBT Survey (2017)
Scottish Transgender Alliance, Trans Mental Health Study 2012.
Data gaps identified and action taken
Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
Race
Evidence gathered and Strength/quality of evidence
Internal
There is no SG workforce intersectional data regarding trans + race.
However, we do know that at Dec 2021, ethnic minority employees represented 2.8% of our workforce. This figure rises to 3.5% if employees who have not provided information about their ethnicity status are removed. 2.5% of SG Senior Civil Servants belonged to an ethnic minority. All figures are below the Scottish working age population average of 5.8% which means this group is underrepresented overall and in senior grades in SG.
External
One in ten black, Asian and minority ethnic LGBT staff (10 per cent) have similarly been physically attacked because of their sexual orientation and/or gender identity, compared to three per cent of white LGBT staff.
One in eight black, Asian and minority ethnic LGBT employees (12%) have lost a job in the last year because of being LGBT, compared to 4% of white LGBT staff.
Half of black, Asian and minority ethnic LGBT people (51%) have experienced discrimination or poor treatment because of their ethnicity from others in their local LGBT community. This number rises to three in five black LGBT people (61%).
The Everyone In report notes despite lack of Scottish specific research, there are many lessons we can learn from reading UK literature. Common themes are repeated from research conducted in different places, at different times and on different subjects: the need for finding a place of safety; the pressure of having to choose between two different facets of an identity; the fear of being open about sexual orientation/gender identity; harassment, rejection or conflict and the absence of support from within both minority ethnic and LGBT communities.
Of the 1,160 self-selected trans people from Scotland who responded to the UK LGBT Survey in 2017, 93.8% said that they were White.[11] 1.1% preferred not to say, and the remaining 5.1% identified as belonging to a minority ethnicity.
The methodology used means respondents are drawn from a non-representative sample of LGBT people across the UK, and therefore it is not possible to generalise these findings to the Scottish trans population as a whole.
In particular, respondents were typically younger than the general population and may not have been sampled proportionately across local authorities. Within the Scottish general population younger age groups are more ethnically diverse, and the proportion of minority ethnic people differs between local authorities.
Source
Being ME and LGBT in the Workplace (stonewall.org.uk)
LGBT in Britain - Work (stonewallscotland.org.uk)
lgbt_in_britain_home_and_communities.pdf (stonewall.org.uk)
EVERYONE IN (equality-network.org)
Government Equalities Office, National LGBT Survey (2017)
Data gaps identified and action taken
Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
Scotland’s Census 2022 will include a voluntary question asking whether individuals consider themselves to be trans or have a trans history. This data will allow for up-to-date estimation of the proportion of the Scottish population who identify as trans. Data on ethnicity will also gathered in the Census 2022, which could allow for disaggregation of trans status by ethnicity (subject to sufficient sample sizes to enable robust analysis).
Religion or Belief
Evidence gathered and Strength/quality of evidence
Internal
There is no SG workforce intersectional data regarding trans + religion or belief.
However, we do know that at Dec 2021, employees who provided information about a religion or belief, provided the following:
- 34.9% identified as Christian. This is broadly in line with the Scottish working age population (35.7%).
- 62.0% identified as ‘none’. This is slightly above the Scottish working age population (59.9%).
- 3.1% identified as Buddhist, Hindu, Jewish, Muslim, Pagan, Sikh, or another non-Christian religion. This is slightly below the Scottish working age population (4.2%).
There is significant ongoing public discussion about debate around the present proposed reform of the GRA, and trans rights more generally. This polarised debate is reflected on certain occasions within the organisational context. In particular our recent experience of moderating comments on Saltire (intranet) articles has shown that there is perceived to be a conflict of rights and the balance between holding a belief and manifesting that belief in the workplace. There is disagreement about the definition and meaning of some terms related to trans issues and their neutrality. There are complaints about homophobic / transphobic comments and ‘dog-whistling’. On the other hand, some colleagues consider they are expressing gender critical beliefs which are protected under the Equality Act 2010. It is not possible to draw any quantitative data to establish prevalence of views.
External
Of the 1,160 self-selected trans people from Scotland who responded to the UK National LGBT Survey in 2017, two thirds (70%) said that they had no religion or belief.[12] 11% identified as Christian. 9% preferred not to say.
The methodology used means respondents are drawn from a non-representative sample of LGBT people across the UK, and therefore it is not possible to generalise these findings to the Scottish trans population as a whole.
In particular, respondents were typically younger than the general population and may not have been sampled proportionately across local authorities. Within the Scottish general population a higher proportion within younger age groups belong to no religion, and the proportion of the population belonging to different religions varies between local authorities.
A number of respondents to the 2017 consultation noted that the proposed changes to the system for obtaining legal gender recognition could impact on women whose religion or belief prevented them from sharing spaces with men. Use of public toilets, changing rooms and refuges and participation in sport were given as examples.[13]
Some respondents to the 2017 consultation noted that gender reassignment may be contrary to religious beliefs held by some.
Source
Government Equalities Office, National LGBT Survey (2017)
Review of the Gender Recognition Act 2004: consultation analysis - gov.scot (www.gov.scot)
and
Gender Recognition Reform (Scotland) Bill: consultation analysis - gov.scot (www.gov.scot)
Data gaps identified and action taken
Questions have been added to the new Applicant Tracking System to monitor trans and the same will be added to the new Enterprise Resource Planning (ERP) System which will replace the existing e-HR in 2022/2023. However, it may still prove difficult to produce intersectional data across trans + age given small numbers (cohorts less than 5 are suppressed).
Scotland’s Census 2022 will include a voluntary question asking whether individuals consider themselves to be trans or have a trans history. This data will allow for up-to-date estimation of the proportion of the Scottish population who are trans. Data on religion will also gathered in the Census 2022, which could allow for disaggregation of trans status by religion (subject to sufficient sample sizes to enable robust analysis).
Marriage and Civil Partnership
(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)
Evidence gathered and Strength/quality of evidence
Internal
There is no SG workforce intersectional data regarding trans + marriage and civil partnership.
However, we do know that at Dec 2021, 66% of SG employees who provided information about their marital status said they were married or in a civil partnership. This is considerably higher than the Scottish working age population of 44.2%. 19.5% of SG employees indicated they were single, considerably lower than the Scottish working age population of 45.3%.
Contact
Email: Diversityteam@gov.scot
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