Last year Maya Forstater won her appeal against an employment tribunal which had rejected her case for unfair dismissal. She'd lost her job at the Centre for Global Development for saying that people cannot change their biological sex and launched an appeal, only for the tribunal judge, extraordinarily, to rule that her gender critical views were ""not worthy of respect in a democratic society". This was overturned in what has become something of a landmark ruling in establishing that a belief in biological sex is protected under the Equality Act.
Now, in a further employment tribunal case, she's won again:
Maya Forstater suffered direct discrimination when the Centre for Global Development (CGD), where she was a visiting fellow, did not renew her contract or fellowship, an employment tribunal found on Wednesday.
The tribunal also ruled that Forstater, the executive director of Sex Matters, suffered victimisation with respect of the removal of her profile from CGD’s website.
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 an employment tribunal in 2019 but won on appeal last year. The case was then sent back to the tribunal to decide whether her claim had been proved on the facts.
More here:
The Tribunal also recognised that Ms Forstater had been entitled to criticise those holding an opposite view to her, and had done so legitimately. The Tribunal found in particular that the mere fact that offence may be taken to a particular statement was not sufficient to render it incapable of legal protection. This included describing opposing views as “stupid, dangerous or unfair” and the statement that allowing male-bodied individuals access to women-only spaces gave rise to “an increase in risks, threats and discomfort” to women.
Forstater, a public policy researcher, who co-founded human rights organisation Sex Matters a year ago, welcomed the verdict.
“My case matters for everyone who believes in the importance of truth and free
speech.
“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 that the Tribunal has allowed me to put on record what happened to me at the Center 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 hope employers will take note of the judgment.
“I would like to thank my family, who have gone through this with me over the past three years, and my legal team: barristers Ben Cooper QC and Anya Palmer, and my solicitor Peter Daly. Above all I want to thank the thousands of women and men who sent me their support, and in particular JK Rowling for standing by me in the darkest of days.
“To hear that my case has helped other people to speak up against unfair and
discriminatory practices at work makes the hardship of the last three years easier to bear. All those who are fighting similar battles — and there are many such people now — have my solidarity and support.
“I also want to thank all the brilliant organisations fighting to protect sex-based
rights. They will make the world a safer, fairer place for women and girls. They are stepping into the democratic space that well-funded organisations like CGD have vacated through cowardice.
“CGD’s unfair treatment of me, and prejudice against people who believe that sex is real, changed my life. If the organisation hadn’t ended my employment, I would never have co-founded Sex Matters. I would never have had the opportunity to be part of the amazing movement in the UK to re-assert the importance of sex-based rights.
We have had enough of being sidelined in language, law, policy and public spaces. This judgment is further evidence that the tide is turning.”
Every woman who’s been harassed, silenced, bullied or lost employment because of her gender critical beliefs is freer and safer today, thanks to the warrior that is @MForstater. 🎉#SexMatters #IStandWithMaya https://t.co/xYV6eNo8WY
— J.K. Rowling (@jk_rowling) July 6, 2022
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