A US Circuit Court Judge has recently made history in ruling that Jamie Shupe (who is transgender) was legally entitled to change their sex from female to non-binary (Shupe prefers the pronouns 'their' to 'his / hers'). Shupe had struggled with their identity and had for years felt trapped by the requirement to identify as either male or female. Shupe says they now have a place to exist.

This ruling is relevant to UK social housing providers because the Government has acknowledged that trans people in the UK face increased discrimination in the provision of goods and services. Last year, it commissioned the Women and Equalities Committee to investigate and report on transgender equality. In the Government Response to the Committee's Report, the Minister for Women and Equalities addressed the 35 recommendations, acknowledging that while we have as a country made progress regarding gay and bisexual equality, when it comes to trans equality, we all have much to learn.

This echoes the findings of the 2014 Rainbow Rising Report (the Report) which champions social landlords as having a key role to play in offering housing opportunities to LGBT people, supporting LGBT tenants and employees. Seven social housing providers made the Stonewall Workplace Equality Index 2016 but the Report showed that over half of those spoken to feel that their housing association / local authority do not understand their needs. Most have experienced at least one housing 'need' which is generally caused by negative behaviours or attitudes to LGBT people. Common themes are the response to harassment and the threat of homelessness.

This raises the question of how much we all understand about trans identity and equality issues. Unless you or those close to you have personal experience of this issue, it can be a daunting area.

Here, we set out what the relevant terms mean, take a look at the current protections and obligations under the Equality Act 2010 (the Act) and what social housing providers can do to treat trans people fairly.

Glossary of terms*

Gender identity - a person’s internal sense of their own gender, whether male, female or something else (see non-binary below).

Gender reassignment - another way of describing a person’s transition. To undergo gender reassignment usually means to undergo some sort of medical intervention, but it can also mean changing names, pronouns, dressing differently and living in their self-identified gender.

Gender Recognition Certificate (GRC) - this enables trans people to be legally recognised in their self-identified gender and to be issued with a new birth certificate. Not all trans people will apply for a GRC and you have to be over 18 to apply. You do not need a GRC to change your gender at work or to legally change your gender on other documents such as your passport.

Intersex - a term used to describe a person who may have the biological attributes of both sexes or whose biological attributes do not fit with societal assumptions about what constitutes male or female. Intersex people can identify as male, female or non-binary.

LGBT – the acronym for lesbian, gay, bi and trans.

Non-binary - an umbrella term for a person who does not identify as male or female.

Trans - an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth. Trans people may describe themselves using one or more of a wide variety of terms, including (but not limited to) transgender, cross dresser, non-binary, genderqueer (GQ).

Transgender man - a term used to describe someone who is assigned female at birth but identifies and lives as a man. This may be shortened to trans man, or FTM, an abbreviation for female-to-male.

Transgender woman - a term used to describe someone who is assigned male at birth but identifies and lives as a woman. This may be shortened to trans woman, or MTF, an abbreviation for male-to-female.

Transsexual - this was used in the past as a more medical term (similarly to homosexual) to refer to someone who transitioned to live in the ‘opposite’ gender to the one assigned at birth. This term is still used by some although many people prefer the term trans or transgender.

We will use the terms 'trans' for simplicity, as the issues discussed below can affect people falling within this umbrella definition.

Does the Equality Act 2010 adequately protect trans people?

Section 7 of the Act gives protection to a person on the grounds of gender reassignment if he or she is "proposing to undergo, is undergoing, or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex."

There is debate about whether this properly protects those who do not identify with the traditional binary choices of male or female. Trans people may not identify with either sex, or may change their identity through their lifetime. Intersex people may have the biological attributes of both sexes, or have attributes that don't fit our expectations of a man or a woman. They may identify with one gender, change which they identify with over time, or identify with neither.

The Government's recently published guidance for service providers and guidance for employers does seem to recognise this gap, recommending that good practice is means treating everyone, including trans, non-binary and those who don't confirm to gender norms, fairly.

Practical issues faced by trans people in the housing sector

Central to being non-binary or trans is the issue of gender identity. As explained above, for trans people who don't identify with the societal norms of male or female, this can cause real practical issues, not to mention distress.

The process of applying for housing is one area to review. Some housing sector providers have already changed their online forms to accept the 'Mx' title instead of the binary Mr, Mrs, Miss or Ms, and added an 'X' option in addition to the usual 'M' or 'F'. However, research and recent news headlines show that not being able to choose these options means that some are denied access to services, or suffer intrusive questioning over their identity and appearance, when a non-trans person would not. Some housing providers also require the gender of lodgers or sub-tenants.

The Government's guidance for service providers suggests thinking about whether service providers need to ask for an applicant's gender, and what range of identity they will accept to process an application or change personal details.

The 2014 Rainbow Rising Report notes that some housing problems are tenure specific and some arisen across all tenures. Use of communal areas and being accepted by other tenants is a common theme in shared housing. Another theme related to the reaction by service providers to trans people who found themselves threatened with or actually homeless.

Fundamental to whether trans housing applicants or tenants are adequately supported is the knowledge and understanding of how their gender identity affects their housing needs. A lack of understanding by front line staff affects whether someone feels able to express their needs at a meeting in an open forum and whether the issues they face are recognised. The understanding of the operational departments tasked with dealing with the housing needs raised will have a direct impact on whether they are effectively and addressed and how.

Housing providers, what can you do?

  • Recognise that society is changing. Who do you offer your services to? Who do you employ and offer opportunities to? Treat everyone fairly.
  • Expand your staff training to include awareness and understanding of gender identity, so that those delivering a service treat all service users with dignity and respect, recognise housing needs and that employees behave likewise towards each other.
  • Stress test your systems - do your application forms or working practices make life difficult for someone who doesn't identify with binary male or female categories? Do you really need to ask for someone's gender?
  • If an applicant, employee or service user notifies you that they have changed gender, or do not identify as male or female, record this effectively so your staff don't inadvertently harass them by repeating requests / conversations unnecessarily.
  • Accept a range of ID other than a birth certificate. As the Government guidance says, you do not usually need to see a GRC to amend personal details. Not all trans people choose to obtain a GRC.
  • If you provide same / single sex services, can you accommodate trans service users?
  • Establish, or widen existing internal networks so that trans and non-binary people in your organisation have a voice and feel supported.
  • Consider designating gender neutral bathrooms.

Glossary *taken from the Stonewall website.