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Sacked doctor sues former employer for refusing to call trans-woman "she"

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Comments

  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    It doesn't matter. Someone's religion, no matter what the religion, shouldn't stop them doing their job properly, if it does, then they leave the job. Like the doctor in this case



  • Registered Users, Registered Users 2 Posts: 6,412 ✭✭✭Jequ0n




  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Yes, I think Ireland and England need to get over their weird feelings about naked bodies.



  • Registered Users, Registered Users 2 Posts: 254 ✭✭Hodger


    Just a month ago after the tragic murder of Ashling Murphy there was a lot of talk plus focus on women,s safety but on the other hand some places are installing Unisex bathrooms only which anyone can access. As for your question " what is the issue with safety for women " ?


    Past incidents in Unisex bathrooms.


    " A former Seattle high school student who was sexually assaulted by another student in 2018 filed a lawsuit against Seattle Public Schools this week, alleging the district failed to protect her from the “reasonably foreseeable dangers” of being attacked in an unsupervised, all-gender bathroom. "






  • Registered Users, Registered Users 2 Posts: 411 ✭✭Starfire20


    lots of christians also have very conservative views on sexuality and the place of men and women.

    the reason i mentioned christians murdering people is because you were inferring that people are afraid to criticize muslims for fear they will engage in violence.

    it came across as wishing people were similarly afraid to criticize christians.



  • Registered Users, Registered Users 2 Posts: 411 ✭✭Starfire20


    you do realise that transwomen are often at risk of abuse and violence too right ? or don't you care about that?



  • Registered Users, Registered Users 2 Posts: 6,412 ✭✭✭Jequ0n


    I don’t care about anyone being at risk of abuse or violence, trans or not.



  • Registered Users, Registered Users 2 Posts: 411 ✭✭Starfire20




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  • Registered Users, Registered Users 2 Posts: 6,412 ✭✭✭Jequ0n


    So sorry for not having responded the way you had hoped.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    So two incidents in unisex bathrooms, including one by a male that assaulted someone else in a different room? Doesn't really say anything other then offenders will attack anywhere, which presumably we all know!

    Given the amount of sexual assaults in places other then bathrooms, it would appear unisex bathrooms are the safest place to be! See how ridiculous that argument is?



  • Registered Users, Registered Users 2 Posts: 411 ✭✭Starfire20


    you said you didnt care about anyone being at risk of abuse or violence.

    says a lot about you



  • Registered Users, Registered Users 2 Posts: 6,412 ✭✭✭Jequ0n




  • Posts: 0 [Deleted User]


    The only denominator seems to be men who identify as men.

    Except, I can't really recall anyone or even the majority of posters stating what their identity is...

    Oh, I'm sure the majority were born biologically male, but considering the topic, I find it interesting that those who are supportive of Trans issues (while being dismissive of others opinions), are so quick to assign a gender on other people... and consider the male gender so limiting as to not have the empathy or knowledge to appreciate the subject that concerns women. It just seems so... odd... to place that much importance on gender or sex, when you're advocating for people who are often gender fluid.



  • Registered Users, Registered Users 2 Posts: 33,776 ✭✭✭✭Princess Consuela Bananahammock


    Depends on what you mean by "real" women, which is why I used the word cis.

    Everything I don't like is either woke or fascist - possibly both - pick one.



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  • Registered Users, Registered Users 2 Posts: 823 ✭✭✭Liberty_Bear


    A woman walking along a canal murdered - nothing to do with unisex bathrooms and you invoke her name to then follow a non sequitur statement on women getting attacked in Unisex toilets?



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    This is not a difficult subject to deal with.

    24 years ago I lived and worked in a South county Dublin suburb, there was at the time an institute, still there, that dealt with people who wished to get their sex changed. I met a few people, at the time, was a bit weird to me, I wasn't used to it, it was very new to me, women who were clearly men. But I dealt with any of them who needed my assistance exactly same as anyone else I dealt with. My only issue at the time was what to address them as, because I didnt know!

    It went like this;

    Me, sorry sir?

    Them, miss

    Me, sorry miss, apologies, how can I help you?

    Them, no worries, this is the issue.........

    No problem whatsoever. And that was 24 years ago, I would have thought the world would have moved on by now! Address them however they want to be addressed and treat them like very other human being. Very simple.



  • Registered Users, Registered Users 2 Posts: 41,214 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Posts: 0 [Deleted User]


    Your scenario is very simple to deal with, and I would have dealt with it exactly the same way. But that all is on the assumption that the person you are addressing will be reasonable about the "slight" of being "misgendered".

    When xi/xir/ze bullshit gets injected, all bets are off.



  • Registered Users, Registered Users 2 Posts: 1,261 ✭✭✭Gant21


    There was none of this craic in the 80’s. The only plus one was for sky.



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  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    True, I always find being nice to people the best way to deal with particularly grumpy people😁 kind of takes the wind out of their sails!



  • Registered Users, Registered Users 2 Posts: 9,213 ✭✭✭Backstreet Moyes


    How does this process work for a man to become trans without surgery, do you need to get some paperwork done and to show staff when looking to use toilets and/or changing rooms?

    I assume they can't just walk in and when a complaint is made they tell the staff they are a trans women.

    Surely this whole thing is very open to abuse by dangerous men who have more access to women and girls.

    Men can go into changing rooms to stare and expose themselves to women and kids.

    Men can go into a women's toilet and assault or rape, because while in the past people would be suspicious of men entering a women's toilet they now wouldn't be suspicious.

    Rapists going into women's prisons.

    It really seems open to abuse by predators who can get easier access to women and kids.



  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack



    God love you if you had to deal with the unexpected, all fairness like 😁

    I defy anyone to keep a straight face while talking to a guy called Phani, common name in India apparently.

    Needless to say, I had to leave the online meeting early, couldn’t hold it together the more they were talking between themselves - “Phani this, Phani that…” 😂



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Men can do those things any day of the week now



  • Posts: 0 [Deleted User]


    I think that's a little unfair on the poster you quoted.

    There was an exceptional amount of scaremongering after that horrible murder which painted all men as potential threats to women in every scenario, going as far as to pose the question "should men need a license to socialise" and posters saying that there should be women-only pubs etc.

    The question of whether biological men, who happen to identify as trans, should also be included in this unfair generalisation that all men are somehow responsible for the actions of a few was noticeable by its absence in all virtue signaling opinion pieces



  • Registered Users, Registered Users 2 Posts: 4,177 ✭✭✭Fandymo


    You've a story for everything. You should write a book.



  • Posts: 0 [Deleted User]


    Not really the same in fairness.

    The name willy can invoke the same response.

    But someone insisting on being referred to by Xe/Zir or whatever is not amusing, it's just pretentious and annoying.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]




  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack



    The principle of it is exactly the same - the unexpected happens, what are you gonna do like?

    Whether it’s meeting someone who uses language or terminology you’re not familiar with, or whether your a doctor who has to assess customers making claims for the DWP, or whether it’s a man in the women’s bathrooms, what are you gonna do, realistically speaking? You’d hardly be that bothered, people generally aren’t.



  • Posts: 0 [Deleted User]


    I cheerfully disagree with you OEJ.

    I think a large swathe of people are bothered by others finding it acceptable for men to be accepted into designated women-only spaces.



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  • Registered Users, Registered Users 2 Posts: 27,256 ✭✭✭✭Peregrinus


    No. Remember we're talking here about the issue of employees being disciplined by employers. So, an employee initially misgenders a client, is corrected, apologises, and thereafter respects the client's gender identity. Even if the client kicks off about this, refuses to accept the apology, complains, etc, what happens next? The employer speaks to the employee, says "I've had this complaint"; the employee says "Yes, sorry, genuine error. I've apologised. I accept the company policy and endeavour to follow it. I don't intentionally misgender anyone". And, as between the employer and the employee, that's an end to the matter. The employee does not get fired. This does not end up in the employment tribunal.

    But the other question I'd ask you to consider is, how likely is your scenario, in which the transgender client refuses to accept the apology and, basically, won't take "yes" for an answer? There's quite a lot of court and tribunal cases in which employees get in hot water for refusing to accept company policy on gender identity. Can you find any reported cases at all of the kind you decide, where a transgender person decides that a company's best efforts are not good enough, and continues to kick up? No? Why might that be?

    I suspect that the bolshie transgender person you are postulating here is largely mythical, a creation of the kind of people who, in fact, intentionally misgender people and are outraged if they suffer any consequence for doing so.



  • Posts: 0 [Deleted User]


    "I suspect that the bolshie transgender person you are postulating here is largely mythical, a creation of the kind of people who, in fact, intentionally misgender people and are outraged if they suffer any consequence for doing so"

    I'm sure you do think that and nothing I can say in the contrary will convince you otherwise.

    But in my (admittedly limited) interactions with people who don't identify as their actual sex, they are not backwards about being forward when they perceive that the pronouns they prefer aren't being respected.

    As an aside, what consequence do you think is appropriate for using a pronoun associated with a person's biological gender not the one that they've decided they would like?



  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    cant tell if this is a real post or having a laugh, irony is dead

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 27,256 ✭✭✭✭Peregrinus


    I've already told you what would convince me otherwise: reports of court cases or tribunal proceedings they have taken against businesses or services that accept their identity, but don't do it with what they regard as sufficient enthusiasm. Got any examples?

    As for "not being backward about being forward" about their preferred pronouns, that's not what we're talking about here. We're talking about people who won't accept an apology; about people who are not now being misgendered, but are still kicking off about the fact that they once were. That was the scenario you pointed to in your post. I'm not saying such a thing never happens, but all the evidence suggests that it happens a lot less frequently than deliberate or persistent misgendering does. If you have any evidence that it does happen more frequently then, yes, I absolutely am open to it. But I can't really be influenced by evidence that you don't present.

    The consequence for not using someone's preferred pronoun? If you don't know it's their preferred pronoun, there should be no consequence other than them correcting you. if you have previously been told but you forget, or it's a slip of the tongue, or whatever, a reminder is in order. If you know of their preferred pronoun but refuse to use it you are being extremely rude; this should attract the same consequences as deliberate rudeness generally attracts. If you're an employee being deliberately rude to your employer's clients in violation of your employer's express policy, you can expect the disciplinary consequences that would normally attend that kind of behaviour.



  • Registered Users, Registered Users 2 Posts: 996 ✭✭✭DarkJager21


    It’s just one of those things that pops up in every thread like this, and you have to laugh because some people genuinely think like that. Suppose they think if they say it enough it will at some stage be true - spoiler alert: not in a million billion years



  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack



    Sure you can think it, and I have no doubt in your own mind your opinion is correct. Outside of your opinion though, there doesn’t appear to be much evidence of large swathes of people who are bothered by others finding it acceptable for men to be accepted into designated women-only spaces.

    That’s precisely why the examples when they are presented have to include an element of begging the question, or adding in an element of threat, in order to make their point - it’s not the unexpected presence of men in women’s spaces that bothers anyone, it’s the presumption that anyone doing so is doing so with ill-intent, which amounts to prejudice against people by assuming things about them without evidence.

    It puts you in a catch 22 situation when you give out about people making sweeping generalisations about men that they’re somehow a threat by virtue of the fact that they are men, but you’re doing exactly the same thing in trying to make your arguments that ill-intent could be the only reasonable explanation for their behaviour.

    You’re running into the same difficulty as anyone faces when they attempt to whip up prejudice against any group in society and then try to play the victim when people point out that they’re just fearmongering. Most people aren’t so unreasonable as to assume everyone but them is acting with ill-intent.

    That’s exactly why it’s unexpected when it does happen that someone is caught for something like taking pictures of women and girls in the bathrooms or whatever, or is caught committing assault, etc, and it’s also why it would be unreasonable to expect that anyone using the bathroom should have to prove their sex, or in the case of being assessed by a medical practitioner, it’s not unreasonable to expect the medical practitioner to at least act like a medical practitioner, as opposed to acting like an evangelist preacher imposing their religious views or personal beliefs upon customers of the DWP.



  • Registered Users, Registered Users 2 Posts: 42,023 ✭✭✭✭Boggles


    Jaysus, have we not in 2022 moved on from this idea of "dangerous men" lurking behind a bin.

    Random opportunistic attacks do happen, but they are still very much a relative rarity.

    The reality is a woman, child, person is far more likely to be harmed by a family member, extended family, family friend or leader in the community. Have far do you want to stretch your paranoia?

    The serial abuser is not down the road with a bag of sweets driving a nissan bluebird. 🙄

    But again, I don't see how toilets are relevant to this actually case.



  • Posts: 0 [Deleted User]


    @One eyed Jack

    "That’s precisely why the examples when they are presented have to include an element of begging the question, or adding in an element of threat, in order to make their point - it’s not the unexpected presence of men in women’s spaces that bothers anyone, it’s the presumption that anyone doing so is doing so with ill-intent, which amounts to prejudice against people by assuming things about them without evidence.

    No. I think it's absolutely a common opinion that a woman or a man, should be able to reasonably expect, that in an area that is designated solely for people of that particular sex, that nobody of the opposite sex would be present, regardless of their intent.

    "You’re running into the same difficulty as anyone faces when they attempt to whip up prejudice against any group in society and then try to play the victim when people point out that they’re just fearmongering. Most people aren’t so unreasonable as to assume everyone but them is acting with ill-intent."

    It's that kind of "infraction-proof" sniping that really makes me hesitant to engage with you OEJ.

    In that quote alone, you have implied that I am trying to whip up prejudice against people when that is clearly not the case. Then any attempt to defend myself from that implication would be "playing the victim" or replied with "no, I didn't refer to you specifically, just people who think like you".

    It's dishonest.



  • Posts: 0 [Deleted User]


    Could have done with a few more voices like that on the various threads about men being collectively responsible for women's safety a few weeks ago.



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  • Registered Users, Registered Users 2 Posts: 13,203 ✭✭✭✭jmayo


    Talk about talking out of the two sides of your mouth.

    Irish people and others (and it aint just Irish people) should get over themselves, women and girls should share a changing room would someone with a mickie.

    But fook me pink there would be uproar if the person with a mickie was referred to as a guy.

    So it is only certain people you disagree with who should get over themselves.

    No it isn't necessarily done because of a fear of violence.

    It is done because of a fear of being labelled islamaphobic (a made up fooking word to prevent criticism of one of the worst ideologies in the world) or even worse racism.

    If you want example of how dangerous it is then look up the history of the predominantly muslim grooming gangs operating in Britain over decades.

    Every other religion is fair game, but islam ... no way.

    A lot of the ones here very vocal about chrisitianity (particularly catholicism) are very quite about islam.

    It is all or nothing lads.

    I am not allowed discuss …



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    I have no idea what this even means 🙄

    I believe Irish people have a very unhealthy attitude with regards to the naked body, probably because of the Catholic church. I think it would be great if they got over that attitude. I'm not sure how you see anything hypocritical there.............



  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack



    No, it’s a fact, I’m not suggesting anything about you personally only that you’re running into the same difficulty as people who do attempt to whip up prejudice against other people, while at the same time you’re making the point that it’s unreasonable to expect that there would be men in womens spaces.

    I don’t think anyone is suggesting the expectation at least is unreasonable. What I’m talking about is the reality when such circumstances might occur - in my experience at least, people don’t actually care, but I’m aware of a tiny minority of people who do.

    In much the same way - the vast majority of medical practitioners don’t subject their patients to their personal beliefs, but I’m aware of a minority who do. In reality when those circumstances occur, it isn’t their patients who are at fault, it is the medical practitioner who fails to keep their personal opinions to themselves.



  • Registered Users, Registered Users 2 Posts: 42,023 ✭✭✭✭Boggles


    That nonsense all comes from the same well of ignorance.

    Trans people just want to rape you, strange men just want to rape you.

    It's a remedial view based on irrational fears.

    Again though, none of that has anything to do with this guy acting like a bit of a díck and trying to blame poor Jesus for that fact.



  • Registered Users, Registered Users 2 Posts: 996 ✭✭✭DarkJager21


    I think you’ll find a lot of people will care and not in the nice way if it ever does become a reality.

    As for the medical practitioner in this case, I don’t see how this topic even came up unless “”she”” kept forcing the point that “”she”” is a woman when “”she”” has male biology. I just don’t buy that there is some evangelical doctor just waiting to force his religious views on a patient. Just like if you take a Volkswagen to a mechanic and tell him it’s a Ferrari, he’s not going to pretend it is because that doesn’t benefit anyone except your own delusion and won’t fix the problem your Volkswagen has.



  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack



    But that’s exactly why I’m of the opinion that in my experience - people don’t care. On the few occasions when I have been in women’s bathrooms, nobody made anything of it, there were a few women who were bemused, and then there were a few women who were amused. I was just mortified tbh cos it’s not something I do intentionally, I use the bathrooms for their intended purpose in any case, I expect that anyone in them is using them for their intended purpose. I don’t think anyone expects people in there who do not intend to use the bathrooms for their intended purpose.

    The topic came up in training when the question was asked about people who are transgender, and how to address them. The course facilitator informed them of the DWPs policy which is to refer to people as they prefer to be addressed. The doctor immediately made the course facilitator aware of his inability to adhere to the policy due to his religious beliefs.

    You might not buy it, but there he is, Dr. David Mackereth, an evangelical doctor waiting to force his religious views on patients in violation of the GMC code of conduct first of all, and his employers policies second. He has an expectation that the rules which apply to all doctors and employees in those circumstances, didn’t apply to him. He believes his employers were unreasonable, and he sent them an email suggesting as much, that their decisions would have a terrible impact on the nation, all because as willing as they were to bend over backwards for him to try and accommodate him, nothing less than recognising that he was above the rules, would do. He was offered further support by his employers, but he declined, and then decided to claim he was the victim of unlawful discrimination by his employers.

    Does Dr. David Mackereth still seem like a reasonable individual to you? The tribunal even describes him as an unreliable witness, and they had plenty of evidence that this individual who was so indignant about honesty and integrity, couldn’t keep his story straight, couldn’t produce evidence to verify his claims, and couldn’t reasonably have believed many of his own claims against his employers!


    I wouldn’t expect you just to take my word for it though, I’m simply represented by a pseudonym on the Internet 🤔 Here’s the judgement of the Employment Tribunal in full -

    https://assets.publishing.service.gov.uk/media/5d9b0c8aed915d35cff2225d/Dr_David_Mackereth_v_The_Department_for_Work_and_Pensions___Advanced_Personnel_Management_Group__UK__Ltd_1304602_-_2018_-_Judgment_and_reasons.pdf



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  • Registered Users, Registered Users 2 Posts: 9,213 ✭✭✭Backstreet Moyes


    What do you mean they can do them now.

    So are you saying men currently are allowed walk into a women's dressing rooms and expose themselves in front or women and children?

    Men are currently allowed go in and use women's toilets also at the moment.

    Also how can men currently go to women's prisons?

    Maybe these are all allowed happen currently I just had no idea.



  • Registered Users, Registered Users 2 Posts: 996 ✭✭✭DarkJager21


    He seems like quite a reasonable person to me because like many others, he has the integrity to point blank reject these notions that speech can be dictated or you should completely suspend everything you know to be true to accommodate someone’s feelings- an absolutely fair position to hold given that he deals in biology and medical issues, issues that affect men and women differently.

    Just not seeing anything at all here to paint this guy in a bad light - he is a victim of this creeping ideology that believes they have a right to flip established biology and speech on its head to suit themselves.



  • Registered Users, Registered Users 2 Posts: 9,213 ✭✭✭Backstreet Moyes


    So how many attacks by predators entering women's facilities under the premise of being trans do you think is okay just to class it as rare?

    I am not sure how I am being paranoid by talking about predators using this to carry out attacks on women, this will happen and most likely is already happening.

    I am not sure of the comparison to family members because the general public can't do anything about it.

    But stopping men from entering women's spaces is something that could be stopped.



  • Registered Users, Registered Users 2 Posts: 7,001 ✭✭✭RobbieTheRobber


    How many attacks in a women's prison do you need, to justify a completely unrelated doctor being rude and inconsiderate in breach of his terms of employment to a patient and customer of their employer?

    Most self proclaimed free speech absolutists are giant big whiny snowflakes!



  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack



    He’s a victim of nothing only his own self-importance. You’re ignoring the fact that he is a medical practitioner held to the standards set by the GMC, his employers and legislation in the UK. He clearly imagines he is above the same standards which apply to anyone in his position, which is why his employers no longer require his services.

    He would be a liability in their employment, not to mention the damage he claims he should be able to inflict on customers health with his arrogant behaviour in service of his own ideals which are not supported by religion, science, medicine. His only concern is that he would be “cutting his professional throat” by taking the position he did. He’s an utter drama queen 🙄



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