Discussion of the Concept that Discrimination is Everywhere

“Discrimination is everywhere.” Discuss with reference to at least two of the protected characteristics of the Equality Act 2010.”

Collectively it is agreed that discrimination is the prejudicial or unjust treatment of different categories of people (Lacey, 1987; Rivas-Drake et al. 2009; Oxford, 2010). The Equality Act (2010) makes it unlawful to indirectly or directly harass, discriminate or victimise someone because of their protected characteristics (Chakraborti and Garland, 2015: 22). The nine protected characteristics under the Equality Act (2010) consist of: sex, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, religion, race, sexual orientation and age. These protected characteristics are subjected to discriminatory treatment through direct and indirect forms of discrimination. Feagin and Feagin (1986) states that direct discrimination occurs when an individual is treated less favourably based on their identity or perceived identity, this is active discrimination whereby the person is aware of their prejudice. Whereas, Feagin and Feagin (1986) also states that indirect discrimination refers to institutions and practises that normalise less favourable treatment against a person or group because of one or more protected characteristic; this is an unconscious discrimination whereby the person is not aware of their prejudice, leading to certain people feeling alienated from society. This present essay will discuss how discrimination is everywhere in relation to two of the protected characteristics: gender reassignment and sexual orientation.

There is a general misconception that surgery is required for gender reassignment, however this is not the case (Equality and Human Rights Commission, 2018). An individual does not ‘need to have undergone any treatment or surgery to change from your birth sex to your preferred gender’ (Equality and Human Rights Commission, 2018: 1). Under gender reassignment you can distinguish between a transgender and transsexual (Chakraborti and Garland, 2015). Moreover, a transgender is someone that chooses to identify as the opposite gender than what they were assigned at birth, whereas a transsexual is someone that has undergone treatment and has had surgery to completely reassign their gender (Chakraborti and Garland, 2015). It is noteworthy to mention that transgender individuals can also be under the protected characteristics of ‘sex’ as they can self-identify as the opposite gender or even the concept of ‘gender fluidity’ or ‘gender-neutral’ who do not identify as having a fixed gender (Lambert, 2012). In terms of considering the importance of social division is to look at how this protected characteristic faces stigmatisation both externally and internally (Newton, 1984). Transgender individuals encounter external negative attitudes, prejudice, and discrimination by other members of society (Link and Phelan, 2001). Also, they face internalised self-stigma where they experience resentfulness within themselves (Ritsher et al. 2003). Furthermore, these experiences of discrimination can make them easy targets, for example, the case of Destiny Lauren who was found strangled in her home, she was a transsexual prostitute who was sought out by Leon Fyle who attacked her for being transsexual (BBC, 2010). It has been highlighted that 34% of ‘trans’ people have been subjected to discrimination because of their gender identity in an outdoor setting (Stonewall, 2018). This reinforces how discrimination within the UK against the protected characteristic of Gender reassignment is severe, but globally it is worse as this characteristic is not as protected outside of the UK and faces numerous discriminatory laws, such as in Somalia, they have a ‘gay panic’ clause which enables people to justify violence against people of certain identities (Fenton, 2016: 1).

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Moreover, feminist Germaine Greer took part in a debate called ‘Genderquake’ which was aimed to reveal how what we know to be a man or women is changing as they explore peoples different gender identities; however, it failed the trans community by dealing more harm than good (Al-Kadhi, 2018). In addition, this debate turned into to a discriminatory issue, as countless individuals in America do not have the right to self-identify their gender, while Germaine Greer has controversial opinions, such as when a male-to-female (MTF) undergoes gender reassignment surgery, they can never be a full woman (Al-Kadhi, 2018). However, this is heavily contested as it could be argued that women who cannot have children are considered less of a women as they cannot reproduce which portrays trans-women as being discriminated against by a patriarchal injustice (Al-Kadhi, 2018). Furthermore, another example of how discrimination was noticed was when Stonewall failed to represent transgender people within its organisation and refused to allow transgender people to become members of their organisation (Stonewall, 2018). However, they have conveyed improvement by showing solidarity towards accepting and supporting the transgender community by initiating an acceptance without exception whereby ‘trans’ people have the right to live full lives within work, home and in public (Stonewall, 2018). Moreover, changes have been made in law to prevent discrimination, such as the outdated Gender Recognition Act (2004), which made transgender individuals be seen as having a mental illness and to the now current Equality Act (2010) that set out characteristics that are protected by law and cannot be discriminated against (Stonewall, 2018). It is reported that in everyday life transgender individuals face discrimination within employment, 42% of trans people are not living permanently in their preferred gender identity because they fear it will threaten their job (Whittle et al. 2007). In addition, in three-quarters of the world, ‘trans’ people are not protected from discrimination by workforce law and one in eight trans employees have been physically attacked by colleagues in the last year (Stonewall, 2018). In addition, there is a scheme called the trans murder monitoring project which reported that 325 killings of trans people between 1^st October 2016 and 30^th September 2017, showing the true nature of hostility and discrimination towards trans people (TRVT, 2018). Overall, despite there being a few initiatives recently like the LGBT action plan from the government to prevent discrimination, this abuse is still rife within society and issues associated still need to be addressed (Governments Equalities Office, 2018). Therefore, conveying how discrimination is everywhere.

Another protected characteristic that is discriminated against is sexual orientation (Equality and Human Rights Commission, 2016). Sexual orientation refers to a person’s sexuality and who they are attracted to (Oxford, 2010). Craig (2011) stated that one way in which they are discriminated against would be that some of society do not believe that you are born gay, linking to the social constructivism versus essentialism debate. This is also known as the nature versus nurture debate which is the concept that you are born with pre-determined genes that make you ‘gay’ or the concept that it can be a choice to be ‘gay’ from influences from societal upbringing (Ortiz, 1993). In addition, the debate is controversial due to making it harder for people that identify as Lesbian, Gay, Bisexual and Transgender (LGBT) to live within society (DeLamater and Hyde, 1998). Therefore, showing that there is a conflict to the understandings of how someone can be a homosexual; it is also argued by Baumeister and Bushman (2008) that this debate was used to show how two concepts try to make people understand discrimination by explaining two different theories on how you can be a homosexual. Moreover, LGBT individuals can also be discriminated against when it comes to employment, as there could be stereotypes that affect employers hiring, it was understood that within employment practises both deliberate and unconscious discrimination will disadvantage individuals of a particular sexual orientation (Tilesik, 2011). In addition, there is a sense of inequality generating from the hiring process which has been impactful on LGBT individual’s lives (Tilesik, 2011). Robenstein (2001) found that the rates of complaints about sexual orientation discrimination was comparable to the rate of sex and race discrimination complaints, showing how this can happen frequently within the life of an LGBT individual. Furthermore, to highlight an issue that exists within criminology is that there is little research into LGBT experiences within the workplace, reinforcing how discrimination can be experienced (Wright et al. 2006).

Certain countries within the world still have discriminatory laws, and that it still illegal to be a LGBT individual (Banning-Lover, 2017). For instance, the Russian government is openly anti-gay and it is illegal to promote any gay propaganda (Banning-Lover, 2017). Furthermore, there is a discussion of proposing additional laws which enables the jailing for public displays of non-heterosexual orientation (Banning-Lover, 2017). The Russian government fails to protect the LGBT community as they openly have a group called Occupy Paedophilia who torture gay men and post videos online afterwards (Banning-Lover, 2017). Therefore, clearly showing how it is by some means acceptable for people of certain sexual identities to be easily targeted and victimised (Humans Right Watch, 2018). Individuals within the LGBT community can also be perpetrators of discrimination (Stonewall, 2018). For example, in the LGBT community there is an internalised hostility within their own grouping, which can be reflected by the complexities that are experienced within these ‘communities within communities’, which can sometimes come from the individual having an internalised resentfulness and repressive pre-existing thoughts on their own sexuality (Stonewall, 2018). Furthermore, the discrimination within the United Kingdom in 1988 was widespread from the government itself, as Margaret Thatcher introduced a clause to the Local Government Act (1988) section 28 which banned the promotion of homosexuality in Britain’s schools showing how discriminatory behaviour is justified (Badgett, 1996; Brett, 2006; Sommerlad, 2018). Overall, despite improvements, there has been a shocking increase in people reaching out for help since the Brexit vote: 187 LGBT victims three months after the referendum vote in 2016, compared to 72 cases in 2015 (Townsend, 2016). Therefore, highlighting how society today is still discriminative showing that there are issues that need to be addressed (Australian Human Rights Commission, 2006).

In conclusion, the statement “discrimination is everywhere.”, in terms of the two protected characteristics of gender reassignment and sexuality, is highly accurate in today’s society. This can be understood through internalised self-stigma and externalised stigma by other members of society, discriminatory practises within employment and discriminatory laws on an international scale. Therefore, discrimination is an epidemic that still needs to be addressed and prevented.  

Wordcount: 1650

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