In times of crisis the world needs inclusive leaders.
Unlike traditional styles of leadership, which are governed by bias blind spots, a leader-knows-best mindset and an often unwillingness to compromise on established values and beliefs, inclusive leadership is defined by the principles of humbleness, curiosity, perspective-taking and moreover, an appreciation of different values, ideas and ways of seeing and experiencing the world.
Last week’s ruling by the UK Supreme Court, in which the five judges unanimously ruled that the legal definition of ‘woman’ and ‘sex’ (under the Equality Act 2010) only refers to biological sex and does not include transgender women is, without question, historic.
Moreover, it presents the type of ‘groupthink’, which many working in the field of diversity and inclusion strive to combat. The ruling itself, regardless of intention, will lead to a continuation of the profound sense of ‘otherness’ that trans men and women already feel.
Beside the ruling itself, what has really struck me - indeed saddened me - more than anything since the ruling, is what appears to be a complete lack of inclusive leadership from the very individuals and organisations I would have expected to show more humility and allyship.
The scene of the ‘winning side’ dancing, cigar smoking and popping champagne outside the Supreme Court demonstrated a real lack of empathy and humility, together with a complete disregard for the material consequences this decision will have on the lives of trans men and women for years to come.
In real terms this ruling could mean that trans women will be placed on male wards in hospitals and trans men and women may be searched by police officers of the same ‘biology’ (British Transport Police has said that it is introducing an ‘interim position’, in which trans women will be searched by male police officers).
Baroness Kishwer Falkner, the chair of the UK's Equality and Human Rights Commission (EHRC), stated in a BBC Radio 4 interview that “transgender women were no longer permitted to use women's bathrooms or changing rooms”. This leaves trans women and trans men forced to occupy a third space that is yet to exist, which of course is a deep cause of anxiety, fear and vulnerability.
And yet the statement from the EHRC, stating that the ruling means there is now "no confusion" is procedural at best, and at worst represents a complete lack of leadership insight, empathy and allyship from the UK’s equality body, whose very role is to protect and look after those protected by the Equality Act 2010.
Similarly, a statement from the CIPD, which suggests they will be updating their guidance to reflect ‘this legal clarification’, is transactional and performative in nature. Of course, I would not expect the CIPD to get involved in the politics of what is becoming increasing polarising, but some recognition of the human impact of this decision would be appropriate.
Therefore, I ask, where is the perspective-taking in these statements? Where is the reaching out, perhaps to all sides (in the spirit of objectivity), and calling for respect for difference and a calming of some of the current rhetoric, which is leading to social division and a rise in hate speech, from two social groups that have - and continue to - experience out-group status?
These sorts of statements reduce the profound human consequences of this decision to a procedure response. They demonstrate a lack of inclusive leadership from the very organisations that, in a time of crisis (which this is), we should expect to say more on the principles of inclusion and belonging. Presently there is real fear and vulnerability amongst many in the trans community. There is a real sense of othering and a lack of belonging.
We at FAIRER Consulting believe that now is not the time for simple policy statements; it is a time to demonstrate true allyship by actively reaching out to our trans colleagues, friends and family members and say, “we hear you, we feel you, we see you”. This is what true allyship is - standing with those in times of extreme vulnerability.
We should also remind colleagues who may be over joyous in their celebrations that this behaviour does nothing to promote inclusion and belonging. Instead, it fuels a politics of division. It projects a real lack of understanding of the psychological trauma that this decision is causing to others. A little humility now will go a long way.
Now is the time for organisations to reaffirm their corporate values and inclusion principles by stressing the need to promote a workplace culture based on the principles of fairness and respect for all – a culture that is designed to bring people together through the ideas of corporate cohesion and inclusive leadership.
Now is also the time to promote zero-tolerance on hate speech. It is an opportunity to use this ruling to remind colleagues of our commitment to inclusion and belonging for all, and that trans people continue to be protected from harassment and discrimination under the law.