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Stephen Whittle
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During the period 1996-99, the legal responsibility of employers to protect transsexual employees against sex discrimination in the workplace was clearly established by several test cases and new government regulations. In late 2000, a... more
During the period 1996-99, the legal responsibility of employers to protect transsexual employees against sex discrimination in the workplace was clearly established by several test cases and new government regulations. In late 2000, a survey of transsexual employees showed that many were still subjected to:
> verbal abuse and even physical violence perpetrated by other employees, as well as by customers, clients or suppliers
> discrimination in:
- recruitment
- promotion
- remuneration
- benefits and
- other factors
The majority of their employers were failing to:
> include gender in their anti-discrimination policies
> provide their colleagues with information, support and/or training on gender identity
> inform those colleagues that discrimination against the transsexual person would not be tolerated

by other people at work, their transition had, at the time or currently, made them less able to do
their jobs.
Many of the transsexual employees who had recently commenced transition had been forced to
leave their jobs either by their employers or because of the resultant conditions at work.
These findings have major implications for policy makers. Although the law is now robust,
employers' practice in the workplace remains highly imperfect. Whilst there is a need for more
This study was undertaken throughout late 2007 and during 2008. It was not easy research to undertake partly due to the politics around gender reassignment treatment. As this study will show, clinicians providing gender reassignment... more
This study was undertaken throughout late 2007 and during 2008. It was not easy research to undertake partly due to the politics around gender reassignment treatment. As this study will show, clinicians providing gender reassignment services are embattled on many fronts and many are wary of researchers intruding on their clinical work. The service provision for gender reassignment – or rather the lack of it, can position providers and service users in a difficult relationship at times. Many trans people have been waiting years for an initial assessment and by the time they do come to a clinic, are very frustrated with the process.  Additionally there is the controversy around such treatment, with the service rarely being out of the public eye. Indeed the service has an ‘image problem’ even within the health service, which puts pressure upon those working in the field and commissioning services.
Since 1996, trans people in the European Union (EU) have had legal protection from direct and indirect discrimination in employment, vocational training, promotion, and working conditions. This protection has encouraged more trans people... more
Since 1996, trans people in the European Union (EU) have had legal protection from direct and indirect discrimination in employment, vocational training, promotion, and working conditions. This protection has encouraged more trans people to come out at work and many employers have supported their employees, as evidence suggests that this is in their interests as well as the employee’s. For example, research has found that organisations that are supportive of diverse employees benefit from more committed, productive workforces with improved
workplace relationships and health outcomes. When trans people’s experiences in the workplace are not managed well, it can result in claims of bullying and harassment, reduced productivity due to ill-health and, ultimately, time and money spent in court – as well as the costs of potentially recruiting new staff.
In this guide, we will advise how best to accommodate trans employees, as well as avoid discrimination against trans people in the recruitment process and employment. Managing the trans employee is not complicated or difficult, but the key is that it requires a ‘whole organisation’ approach, involving strategic and operational planning and working with your employee. The guide will present examples of best practice and policy guidance for an environment where people who are not yet out as trans may feel more encouraged to do so.
Research Interests:
This is a complete course in understanding the needs of trans people as learners and employees. It will give HR officers, Policy development officers and Equality and Diversity Officers the tools required to lead on trans equality in... more
This is a complete course in understanding the needs of trans people as learners and employees. It will give HR officers, Policy development officers and Equality and
Diversity Officers the tools required to lead on trans equality in colleges, as well as give tutors and student counsellors the tools to be good allies to trans learners and colleagues.
Recent research has found that transsexual or transgender – ‘trans’ people are ‘second chancers’ in the education system having either left school early following transphobic bullying, or re-entering education while undergoing, or post-gender transition.
This suggests that Further Education institutions have a significant role in trans people’s lives. One of the requirements of gender identity clinics for undergoing gender transition is to be in full-time employment, education or vocational training and as post-16 education institutions are regarded by many as ‘zones of tolerance’, your institution or place of learning should expect to see some trans people as learners, students or employees.
This toolkit is not a ‘how to’ guide in compliance. Implementing the following guidance will assist an educational institution in achieving excellence in trans equality
Research Interests:
Transgender studies is the latest area of academic inquiry to grow out of the exciting nexus of queer theory, feminist studies, and the history of sexuality. Because transpeople challenge our most fundamental assumptions about the... more
Transgender studies is the latest area of academic inquiry to grow out of the exciting nexus of queer theory, feminist studies, and the history of sexuality. Because transpeople challenge our most fundamental assumptions about the relationship between bodies, desire, and identity, the field is both fascinating and  contentious.
The Transgender Studies Reader puts between two covers fifty influential texts with new introductions by the editors that, taken together, document the evolution of transgender studies in the English-speaking world. By bringing together the voices and experience of transgender individuals, doctors, psychologists and academically-based theorists, this volume will be a foundational text for the transgender community, transgender studies, and related queer theory.
Changes in attitudes have encouraged increasing numbers of young people to identify as gender-dysphoric. In order to reduce the distress caused by the onset of puberty, young people with gender-dysphoria are increasingly seeking... more
Changes in attitudes have encouraged increasing numbers of young people to identify as gender-dysphoric. In order to reduce the distress caused by the onset of puberty, young people with gender-dysphoria are increasingly seeking pubertal-suppression therapy. Health ...
his article considers how the new ‘Europes’ of the European Union (EU) and the Council of Europe (CoE) have tackled the problems of a historical Judeo-Christian based legal framework in which lesbian, gay, bisexual and transgender people... more
his article considers how the new ‘Europes’ of the European Union (EU) and the Council of Europe (CoE) have tackled the problems of a historical Judeo-Christian based legal framework in which lesbian, gay, bisexual and transgender people (LGBT) were persecuted within nation states. It addresses the late medieval and early modern developments which took the values of what was initially Church religious law and transferred these into state and secular laws; laws which were to prosecute and for many years, judicially kill LGBT people. It also looks at the rare cases where nation states did not embody these former religious rules, and why, and to what extent that protected LGBT people.
The article also reviews the differences, historically, in how the two legal systems in Europe, the Civil Codified ‘Roman’ Law of Continental Europe and the Common Law of Great Britain, addressed the determination of a person’s sex for the purposes of legal decision making and property inheritance. This was important for determining whether or not a person was committing a criminal offence by their sexual activity.
The article then discusses the response of European nations to the Nazi genocide of World War II, and the development of the two parallel European jurisdictions, one economic, one based in Human Rights. These jurisdictions have created a new moral sensibility, a standard by which the law of Europe is in itself to be judged. A new ‘rule of law’ which has contributed to a social as well as a legal framework in which LGBT people’s rights have been increasingly recognized. The article contrasts this with the history of national persecutions of LGBT people, and discusses how the new versions of Europe have led to a process of creating normative and ethical law in which LGBT rights are natural and given.
Research Interests:
In this paper, the author demonstrates the differences in ‘quality of life’ for transgender and transsexual (trans) people in Hong Kong with that of trans people in the United Kingdom, before 2013. Consideration is given to the... more
In this paper, the author demonstrates the differences in ‘quality of life’ for transgender and transsexual (trans) people in Hong Kong with that of trans people in the United Kingdom, before 2013.  Consideration is given to the demonstrable differences in legal protections from prejudice and discrimination, and the requirement, in Hong Kong, that trans people undergo full genital reconstruction surgery in order to get changes made to identity documentation, in comparison to the United Kingdom where there is no such requirement in the United Kingdom’s Gender Recognition Act 2004.
The chapter recaps research undertaken in the United Kingdom and Europe during the 1990s which highlighted the inadequacy of legal protection in both employment, and when accessing goods, services, housing and facilities.  By looking at the early challenges to UK law for trans people in particular the cases of Rees v the UK Government 1986) and Cossey v the UK Government (1990) at the European Court of Human Rights, one can see the failure of the Courts to comprehend what were the real issues for trans people.
The chapter then reviews the 1992 founding of the United Kingdom’s trans activist group, Press For Change, and the group’s campaigns; social education through the popular press, the lobbying of Parliament and Government, and also challenging the failure of the United Kingdom government to make appropriate legal changes through taking key cases to the European Court of Justice and the European Court of Human Rights. Initially, Press For Change’s campaigns did not win everything it fought for, but the paper outlines the significance of Court victories which included protection from discrimination whilst in employment, the rights to relationship recognition, and notably, the impact the campaigns had on the public’s awareness of the concerns and difficulties faced by trans people in the United Kingdom. The paper concludes by comparing the changes introduced into United Kingdom law by the Gender Recognition Act 2004 and compares these with the decision of Hong Kong’s Supreme Court in W v the Registrar of Marriages (2013), and how the failure to respond to this decision continues to leave Hong Kong’s trans community facing inappropriate and unnecessary hardships.
Research Interests:
This chapter describes the recent development of laws protecting trans people against discrimination in Europe, and specifically focuses on legislation relating to employment issues for trans people in the United Kingdom. The Equality... more
This chapter describes the recent development of laws protecting trans people against discrimination in Europe, and specifically focuses on legislation relating to employment issues for trans people in the United Kingdom. The Equality Act, which came into force in 2010 in the United Kingdom and provides protection from unlawful discrimination or harassment for everyone, including anyone belonging to a protected group such as trans people, is discussed as it relates to trans people.
Research Interests:
Introduced with an account of how the work of academic trans theorists opened up many gender possibilities for trans people, this chapter looks at how the law has failed to keep step with these new gendered ways of being. Though there has... more
Introduced with an account of how the work of academic trans theorists opened up many gender possibilities for trans people, this chapter looks at how the law has failed to keep step with these new gendered ways of being. Though there has been a progressive awareness of the need to remove gendered elements from law, what the law has not done is recognize that there are now many individuals who cannot easily be placed on one side of the M/F divide when the law requires it. By exploring and explaining how the law interacts with the new non-binary and non-gendered trans community, one can see how they might use the law to best protect their personal rights.
To be involved in cultural studies is undoubtedly a contradictory project. In the process, which is not only one of observation but of textualising a version of the observations, one becomes a "cultural contribution". Cultural studies... more
To be involved in cultural studies is undoubtedly a contradictory project. In the process, which is not only one of observation but of textualising a version of the observations, one becomes a "cultural contribution".  Cultural studies was defined and originated as a political project; "it holds theoretical and political questions in an ever irresolvable but permanent tension" (Hall, 1992: 284). To participate, to textualise, is to become a historical conjecture. It is an active engagement in a pedagogy with the textual producer about whom one is textualising.
I become a part of the object of my study as I produce. In studying I politicise and theoretise the culture of gender and irreversibly change it. The truth of any "becoming", though, is a falsity, though it maybe true at the level of the text. In the politics of gender, sex, and the body, the existence of the body is for us all, a statement of gender from the moment of birth. No matter how hard you try to talk about somebody else, you are always going to be talking about yourself. This work is, in the words of Stuart Hall, a "moment of self-clarification". As well as a chronicle of cultural change it is an intervention in it and it has both overt and implicit political aims.
Each and everyone of us goes through a process of self-identification which is located in a specific history, a specific structure, a specific culture and a specific interaction with these. I will not deny my position as a transgender activist, I also consider myself a neo-marxist, a transsexual man, an English liberal, a legal theorist, a father without legal recognition and so on. The list is very long, but most importantly I am gendered, not just by myself but by everybody who knows me, by all those who write of me and "my sort", by all those who work with trans people, and nearly always by trans people themselves.
I, like you, cannot escape the hegemony of gendering but I also have a place in the power struggle that surrounds it.
In order to appreciate current cultural contributions to theories of gender blending, it is essential to understand the history of theory surrounding sex, sexuality and gender. The most recent manifestation of that history is Queer Theory, but that has its basis in the history of pathologies and dualism that surround these areas.
This chapter describes the recent development of laws protecting trans people against discrimination in Europe, and specifically focuses on legislation relating to employment issues for trans people in the United Kingdom. The Equality... more
This chapter describes the recent development of laws protecting trans people against discrimination in Europe, and specifically focuses on legislation relating to employment issues for trans people in the United Kingdom. The Equality Act, which came into force in 2010 in the United Kingdom and provides protection from unlawful discrimination or harassment for everyone, including anyone belonging to a protected group such as trans people, is discussed as it relates to trans people.
1. Executive Summary This report is the first quantitative evidence of trans people's experiences of hate crime in European Union member states. As this research provided the opportunity for anonymous self-reporting, it is probably... more
1. Executive Summary This report is the first quantitative evidence of trans people's experiences of hate crime in European Union member states. As this research provided the opportunity for anonymous self-reporting, it is probably the most accurate picture of the ...
This work addresses the historical, social, legal and medical issues surrounding the transgender community and throws a light onto the complex issues. This short book is intended to be a resource primarily for non-trans people who wish... more
This work addresses the historical, social, legal and medical issues surrounding the transgender community and throws a light onto the complex issues.
This short book is intended to be a resource primarily for non-trans people who wish to get a simple grasp on current transgender issues. Perfect for older high school students, university undergraduates from many fields who need a simple explanation to the back ground of their project work, and for family and friends of trans people who simply want to understand.
It addresses the historical, social, legal and medical issues surrounding the new community. The book throws light onto what are complex issues, clarifying them in a way that all those who think they know what gender roles mean, will be called to question the certainties they are no longer about.

Transgender has become a cultural obsession. From the high camp of Ru Paul to the working class transsexual icon, Hayley of the UK's longest running soap "Coronation Street", it pervades our lives. Yet for many it remains a freakish interest on the sidelines. For transsexual and transgender people, though, it is a reality bound up in complexities, legal contradictions, family discord, and a desperate need to explain what it means to be a man or a woman, or neither, or both.
This chapter focuses on concerns raised by the UK Government’s consultation on the future of the Gender Recognition Act 2004 (GRA 2004) in relation primarily to the law in England and Wales. Therefore, it relates mostly to those trans... more
This chapter focuses on concerns raised by the UK Government’s consultation on the future of the Gender Recognition Act 2004 (GRA 2004) in relation primarily to the law in England and Wales. Therefore, it relates mostly to those trans people  who wish to apply for legal recognition of the affirmed gender identity, whose birth was registered in England or Wales, and those born outside of the UK, but who are currently residing in the United Kingdom.
Gender recognition is a devolved matter for those people whose birth was registered in Scotland. They apply under the same broad legislation, but there are small differences reflecting what is an (unexpectedly) more liberal, realistic and understanding approach to trans people’s lives by others in Scotland. Gender recognition is also a devolved matter in Northern Ireland. But since the collapse of the power sharing agreement in the Northern Irish Assembly in March 2017, the assembly has not sat.  Until the Assembly next sits, any changes made in the meantime to the GRA are unlikely to be implanted for those whose birth was registered in Northern Ireland.
We find that only 17% of FTSE 100 company websites refer directly to transgender (‘trans’) individuals, illustrating the extent to which trans voices are unheard in the workplace. We propose that these voices are missing for a number of... more
We find that only 17% of FTSE 100 company websites refer directly to transgender (‘trans’) individuals, illustrating the extent to which trans voices are unheard in the workplace. We propose that these voices are missing for a number of reasons: voluntary silence to protect oneself from adverse circumstances; the subsumption of trans voices within the larger ‘LGBT’ community; assimilation, wherein many trans voices become affiliated with those of their post-transition gender; multiple trans voices arising from diversity within the transgender community; and limited access to voice mechanisms for transgender employees. We identify the negative
implications of being unheard for individual trans employees, for organizational
outcomes, and for business and management scholarship, and propose ways in
which organizations can listen more carefully to trans voices. Finally, we introduce
an agenda for future research that tests the applicability of the theoretical framework of invisible stigma disclosure to transgender individuals, and calls for new theoretical and empirical developments to identify HRM challenges and best practices for respecting trans employees and their choices to remain silent or be
heard.
Research Interests:
ategorizing certain gender identities as mental illness or disorder undermines human rights. The diagnosis of Gender Identity Disorder has contributed to stigma and bias against gendervariant people and to the restriction of their human... more
ategorizing certain gender identities as mental illness or disorder undermines human
rights. The diagnosis of Gender Identity Disorder has contributed to stigma and bias against gendervariant
people and to the restriction of their human and civil rights; however, in some cases, it has also
facilitated validation and availability of necessary treatment. Although there was some disagreement
within the work group about the underlying rationale, the Human Rights Work Group of the consensus
process held by the World Professional Association for Transgender Health recommends a medical
diagnosis for those who seek sex affirmation treatment without experiencing confusion about their
gender identity, the continued availability of mental health support for those who require it, and the
creation of a pathway enabling gender-variant people to be migrated from a mental health diagnosis
to a medical one as life circumstances change. It is essential to ensure that Diagnostic and Statistical
Manual of Mental Disorders, Fifth Edition, does not pathologize conditions of diversity in sex/gender
identity formation and expression.
Research Interests:
The Equality Act 2010: Guidance for public authorities: meeting your equality duties and human rights obligations Written for the Equalities and Human Rights Commission, this guidance has been produced to help public authorities in... more
The Equality Act 2010: Guidance for public authorities: meeting your equality duties and human rights obligations
Written  for the Equalities and Human Rights Commission, this guidance has been produced to help public authorities in England, Scotland and Wales meet their equality duties and human rights obligations in the provision of goods, facilities and services to trans users and potential users. It has been designed as a ‘how to’ guide targeted at public authorities’ managers and front line staff of all levels and is illustrated with good practice examples.

 
Research Interests:
ABSTRACT: We live in an increasingly multi-sexed and gendered society. Social work professionals often are well informed about cultural sensitivities in relation to race, ethnicity and sexual orientation. But is the same true of concepts... more
ABSTRACT: We live in an increasingly multi-sexed and gendered society. Social work professionals often are well informed about cultural sensitivities in relation to race, ethnicity and sexual orientation. But is the same true of concepts of sex and gender diversity and the social sensitivities that are involved here? Do social care professionals have the appropriate policies and skills to manage the needs of differently sexed and gendered people?
This paper outlines the social emergence of the transgender community, signalling to social care practitioners that they should review existing practices and policies to ensure they are addressing the needs of this diverse community. Attention is drawn to particular difficulties trans people have experienced when drawn into the social care arena. The paper suggests points of reference for reflexive practice that may support practitioners working with this diverse group of people and those who are interested in emancipatory practice.
An exploratory survey in 2001 indicated that many probation practitioners are likely to have contact with a transgender person at some point during their career, possibly as an offender, maybe as a colleague or as a friend. Although... more
An exploratory survey in 2001 indicated that many probation practitioners are likely to have contact with a transgender person at some point during their career, possibly as an offender, maybe as a colleague or as a friend. Although unusual, transgenderism is not as uncommon as ...
The article addresses from a historical point of view which has been the treatment of queer lives in Europe. Particularly, the paper has for purpose to understand if there was anywhere in Europe where same sex lovers could expect equality... more
The article addresses from a historical point of view which has been the treatment of queer lives in Europe. Particularly, the paper has for purpose to understand if there was anywhere in Europe where same sex lovers could expect equality and respect, and if yes, why did it not exist everywhere. Then, it seeks to determine if discrimination due to sexual orientation and gender identity really did exist and what was it. Finally, it addresses what is now happening within Europe to create social, legal and political change in this matter.
Categorizing certain gender identities as mental illness or disorder undermines human rights. The diagnosis of Gender Identity Disorder has contributed to stigma and bias against gender variant people and to the restriction of their human... more
Categorizing certain gender identities as mental illness or disorder undermines human rights. The diagnosis of Gender Identity Disorder has contributed to stigma and bias against gender variant people and to the restriction of their human and civil rights; however, in some cases, it has also facilitated validation and availability of necessary treatment. Although there was some disagreement
within the work group about the underlying rationale, the Human Rights Work Group of the consensus process held by the World Professional Association for Transgender Health recommends a medical diagnosis for those who seek sex affirmation treatment without experiencing confusion about their gender identity, the continued availability of mental health support for those who require it, and the creation of a pathway enabling gender-variant people to be migrated from a mental health diagnosis to a medical one as life circumstances change. It is essential to ensure that Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, does not pathologize conditions of diversity in sex/gender identity formation and expression
Gender transformations are normatively understood as somatic, based on surgical reassignment, where the sexed body is aligned with the gender identity of the individual through genital surgery – hence the common lexicon ‘sex change... more
Gender transformations are normatively understood as somatic, based on surgical reassignment, where the sexed body is aligned with the gender identity of the individual through genital surgery – hence the common lexicon ‘sex change surgery’. We suggest that the UK Gender Recognition Act 2004 challenges what constitutes a ‘sex change’ through the Act’s definitions and also the conditions within which legal ‘recognition’ is permitted. The sex/gender distinction, (where sex normatively refers to the sexed body, and gender, to social identity) is demobilised both literally and legally. This paper discusses the history of medico-socio-legal definitions of sex have been developed through decision making processes when courts have been faced with people with gender variance and , in particular, the implications of the Gender Recognition Act for our contemporary legal understanding of sex. We ask, and attempt to answer, has ‘sex’ changed?
We live in an increasingly multi-sexed and gendered society. Social work professionals often are well informed about cultural sensitivities in relation to race, ethnicity and sexual orientation. But is the same true of concepts of sex and... more
We live in an increasingly multi-sexed and gendered society. Social work professionals often are well informed about cultural sensitivities in relation to race, ethnicity and sexual orientation. But is the same true of concepts of sex and gender diversity and the social sensitivities that are involved here? Do social care professionals have the appropriate policies and skills to manage the needs of differently sexed and gendered people? This paper outlines the social emergence of the transgender community, signalling to social care practitioners a need to review existing practices and policies to ensure they are addressing the needs of this diverse community. Attention is drawn to particular difficulties 'trans' people have experienced when drawn into the social care arena. The paper suggests points of reference for reflexive practice that may support practitioners working with this diverse group of people and who are interested in emancipatory practice.
In this paper we examine the social and legal conditions in which many transgender people (often called trans people) live, and the medical perspectives that frame the provision of health care for transgender people across much of the... more
In this paper we examine the social and legal conditions in which many transgender people (often called trans people) live, and the medical perspectives that frame the provision of health care for transgender people across much of the world. Modern research shows much higher numbers of transgender people than were apparent in earlier clinic-based studies, as well as biological factors associated with gender incongruence. We examine research showing that many transgender people live on the margins of society, facing stigma, discrimination, exclusion, violence, and poor health. They often experience diffi culties accessing appropriate health care, whether specifi c to their gender needs or more general in nature. Some governments are taking steps to address human rights issues and provide better legal protection for transgender people, but this action is by no means universal. The mental illness perspective that currently frames health-care provision for transgender people across much of the world is under scrutiny. The WHO diagnostic manual may soon abandon its current classifi cation of transgender people as mentally disordered. Debate exists as to whether there should be a diagnosis of any sort for transgender children below the age of puberty.
WPATH Board confirming that sex (gender) reassignment, properly indicated and performed as provided by the Standards of Care, has proven to be beneficial and effective in the treatment of individuals with transsexualism, gender identity... more
WPATH Board confirming that sex (gender) reassignment, properly indicated and performed as provided by the Standards of Care, has proven to be beneficial and effective in the treatment of individuals with transsexualism, gender identity disorder, and/or gender dysphoria.
Published in The Guardian, Society section online  June 2nd 2010