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The Guardian - UK
The Guardian - UK
Politics

Equality commission’s guidance after sex ruling is fundamentally unworkable

Kishwer Falkner, head of the EHRC.
‘I hope Kishwer Falkner’s successor … will take a far more balanced and consensual approach.’ Photograph: Roger Harris/Roger Harris/UK Parliament

Contrary to what Kishwer Falkner is suggesting (Letters, 28 October), MPs’ problem with the Equality and Human Rights Commission’s (EHRC) guidance was not that it failed to address every conceivable scenario, but that it set out fundamentally unworkable instructions to businesses that go far beyond what the supreme court actually ruled, and which places them at risk of costly litigation.

Take the question of using a gendered bathroom – hardly a niche issue, given it is something most of us do on a daily basis. The EHRC’s guidance places the onus on businesses to police whether people are using a bathroom that corresponds with their sex assigned at birth.

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