Is gender segregation ever legal?

How would your staff respond to a request from a visiting speaker for gender segregation in the audience? What do you do if students ask for gender segregation at a meeting? How do you balance the rights of students with religious beliefs against gender discrimination? Did you know the Equality and Human Rights Commission has published new guidance to help staff understand their legal obligations in this area?

In an equality news update at the end of last year, I reported on controversy caused when Universities UK published guidance that suggested that segregation of an audience may be possible.

The Equality and Human Rights Commission has now published new legal guidance on gender segregation at events and meetings organised by student unions, student societies, colleges and universities. The guidance explains why gender segregation, such as seating men and women separately, is not permitted at any events which are not acts of religious worship.

The guidance makes clear that any gender segregation amounts to discrimination if it results in disadvantage to any participant because of their gender.  This will include situations where men and women are seated separately.

Gender segregation is permissible during religious worship as this is not covered by equality law. However, once an event goes beyond religious worship or practice, equality law applies and the courts are likely to consider any gender segregation to be unlawful. There are other express exceptions under equality law confined to communal accommodation, toilets and changing facilities, and sports, for example.  But there is no further exception that would permit segregated seating in any other circumstances.

Genuinely voluntary gender segregation is permissible under the law. The Commission believes, however, that it would be extremely difficult for organisers to ensure with certainty that, at every stage, segregation was demonstrably voluntary and that there was no explicit or implicit expectation that men and women should sit separately. The safest approach, therefore, is to ensure that there is no encouragement of segregated seating by gender, other than in acts of religious worship.

Mark Hammond, Chief Executive of the Equality and Human Rights Commission said:

"Gender segregation in our universities and higher educational establishments is a controversial issue as well as a complex area of the law. Universities, higher and further education institutions have a legal duty to ensure that all students, employees and members of the public can enjoy access to events without unlawful discrimination.

“The Commission’s guidance will help higher education providers and student unions to understand their legal obligations and avoid the risk of discrimination due to a misinterpretation of the law.”

You can download the guidance here