New guidance on sex and gender in the Equality Act 2010
When it comes to occupational requirements, the Equality Act 2010 forces church and Christian leaders to think carefully about job requirements and Christian employment. How does discrimination law affect biblical beliefs behind men-only church leadership roles? How does it affect biblical beliefs around sex and gender?
This is a sensitive and highly charged topic, and so recent clarifications on the Equality Act by the Equality and Human Rights Commission (EHRC) are welcome. We hope this guidance and our comments below help church and Christian leaders working through these considerations in their own missions.
Contact Christian lawyers today if you would like our help in this area.
Occupational requirements based on religious beliefs
The Equality Act makes provision for occupational requirements where this is in order to comply with the doctrines of a religion. This provision is particularly relevant to churches when limiting church leadership positions to men.
So for instance, at organisations like churches where the employment is for the “purposes of an organised religion”, the Equality Act 2010 provides that an occupational requirement of being of a particular sex (and also of not being a transsexual) can be applied where this is in order to comply with the doctrines of the religion. It can also be applied because of the nature or context of the employment, in order to avoid conflicting with the strongly held religious convictions of a significant number of Christians.
Defining sex in the Equality Act
The clarified EHRC guidance to the Equality Act 2010 says that being of a particular sex relates to “a person’s legal sex as recorded on their birth certificate or Gender Recognition Certificate” and does not include women who identify as men (and vice versa), unless they have a Gender Recognition Certificate (GRC). Even with a GRC, this provision of the Equality Act provides the separate potential argument of an occupational requirement applying of not being a transsexual.
Read: How does the Equality Act 2010 impact use of your church building by external groups?
Occupational requirements based on the nature or context of a role
The EHRC’s updated guidance also applies to a separate category of occupational requirement under the Equality Act 2010, relating to the nature or context of work. That is, where the type of work being carried out necessitates an occupational requirement.
This category is relevant to positions at churches and organisations when seeking to appoint a woman to a role serving other women, for example. This occupational requirement can be applied where, having regard to the nature or context of the work, requiring the person to be of a particular sex (and also of not being a transsexual) is a proportionate means of achieving a legitimate aim. This is regardless of whether or not the employment requires a Christian.
Get Christian legal advice on your church or organisation’s job roles
If your ministry needs help in this area you don’t need to go it alone. Our expert Employment Team of experienced Christian lawyers would love to support your church or Christian organisation.
Through Christ-centred legal expertise, we can help you extol and live out the biblical principles of not discriminating or showing favouritism without compromising your mission and ministry, steering you through the legal complexities of your obligations.
