Maya Forstater

Maya Forstater (born 3 July^[1] 1973) is a British business studies and international development researcher who was the claimant in Forstater v Centre for Global Development Europe.^[2][3][4][5] The case established that gender critical views are protected as a belief under the Equality Act 2010,^[6][7] while stating that the judgment does not permit misgendering transgender people with impunity.^[8] At a subsequent full merits hearing, the Employment Tribunal upheld Forstater's case, concluding that she had suffered direct discrimination on the basis of her gender critical beliefs.^[9] The judgement for remedies was handed down in June 2023, with Forstater awarded compensation of £91,500 for loss of earnings, injury to feelings and aggravated damages, with an additional £14,900 added as interest.^[10][11]

Maya Forstater
Born	(1973-07-03) 3 July 1973 (age 50) London, England
Alma mater	Newcastle University
Known for	Forstater v Center for Global Development Europe legal case
Parent	Mark Forstater

Career

Forstater holds a degree from Newcastle University. In 2002, she co-authored a technical report for the United Nations Industrial Development Organization on corporate social responsibility for small and medium enterprises.^[12] She has published academic research on corporate responsibility and illicit financial flows.^[13][12] Her collaborators include Simon Zadek^[14] and Peter Raynard.^[12] She has been senior researcher for the United Nations Environment Programme Inquiry into The Design of a Sustainable Financial Systems and in 2015 she became a consultant at the Center for Global Development (CGD), a think-tank that campaigns against poverty. She described her work as being "in a field of technocratic activism: think tank research, where people are expected to be mission driven and to share their personal, evidence based, opinion in order to influence public policy debates towards socially beneficial goals".^[15]

Legal case

Main article: Maya Forstater v Centre for Global Development

In 2019, Forstater's consulting contract for CGD was not renewed after – during online discourse regarding potential reforms to the Gender Recognition Act – she published a series of social media messages describing transgender women as men, which led to concerns being raised by staff at CGD. Forstater challenged the non-renewal of her contract at the Central London Employment Tribunal. In December 2019, a hearing was held to establish whether Forstater's beliefs qualified as a protected belief under the Equality Act 2010. Judge Tayler ruled that they did not, stating that her gender critical views were "incompatible with human dignity and fundamental rights of others".^[16][17][18]

Forstater appealed against the judgment, and this was heard by the Employment Appeal Tribunal in April 2021. Judgment was reserved, with the decision in her favour published on 10 June 2021. As with the original hearing, the appeal was on the narrow issue of whether her beliefs were protected under the Equality Act, therefore amounting to a protected belief. The judgment found that Forstater's gender critical beliefs were protected, meeting the final requirement in Grainger plc v Nicholson, specifically that they were "worthy of respect in a democratic society". However, in its judgment, the Tribunal clarified that this finding does not mean that people with gender critical beliefs can express them in a way that discriminates against trans people.^[19][20] A full merits hearing on Forstater's claim that she lost her employment as a result of these beliefs was heard in March 2022, with the decision delivered in July 2022.^[21][22] The decision of the Employment Tribunal upheld Forstater's case, concluding that she had suffered direct discrimination on the basis of her gender-critical beliefs.^[9][23] The judgment for remedies was handed down in June 2023, with Forstater awarded compensation of £91,500 for loss of earnings, injury to feelings and aggravated damages, with an additional £14,900 added as interest.^[10][24]

Campaigning

In March 2019, Forstater criticised the Minister for Women and Equalities, Penny Mordaunt, for her Mumsnet webchat on International Women's Day. Mordaunt received many questions regarding women and transgender people that she did not answer.^[25] Forstater wrote in The Independent that Mordaunt had asked for "discussions on the topic of sex and gender identity to take place in a 'climate of respect, empathy and understanding', but when faced with a group of mothers asking respectful and carefully researched questions, she ducked and ran".^[26]

In October 2020, she became a founding officer of advocacy group Sex Matters.^[23][27]

In late-May 2021, Forstater commented under an article published in The BMJ that she believed gender identity should not be used in the collection of sex data for medical matters.^[28] The authors of the article responded that she had "misrepresented" their point, as they were not advocating that gender identity be used as a proxy for sex, but rather that "relevant and accurate information about a person’s body and health needs cannot reliably be assumed with sex assigned at birth data." In their response, the article's authors emphasised that "many cisgender and transgender people have the ability to become pregnant".^[29]

In an article published in March 2021 in the Journal of Philosophy of Education, Judith Suissa and Alice Sullivan cited Forstater's case as an example of women who "face campaigns of harassment, including attempts to get them fired" for discussing the rights of women and girls and the potential conflicts this may have with campaigns for transgender rights.^[30] Forstater's experiences are referred to in Kathleen Stock's book Material Girls: Why Reality Matters for Feminism in the context of how the charity Stonewall might influence court rulings.^[31]

In May 2021, she was among 41 signatories to an open letter calling on the Equality and Human Rights Commission (EHRC) to end its membership of the Stonewall Diversity Champions scheme, and on the Committee on Standards in Public Life to oversee a review of "the role of Stonewall in public life" and its "influence and control" over the Human Resources policies of public institutions.^[32] Later that month, the EHRC withdrew its membership of the Stonewall scheme.

In 2021, Baroness Falkner of Margravine, the new EHRC chair, mentioned Forstater in her first interview after taking office, citing her as someone who had faced abuse for her views and stating that "a lot of people would find [it] an entirely reasonable belief" that "people who self identify as a different sex are not the different sex that they self identify."^[33][34][35] Forstater was an invited speaker to a University of Cambridge student event on the topic of freedom of speech and belief.^[36]

In December 2021, Forstater received an apology from The Scout Association after a complaint was made against her, and published the text of the apology on her website.^[37] Forstater had described the complaint as "vexatious".^[38]

On 17 April 2022, The Guardian published an editorial on LGBT rights, calling for the government to ban conversion therapy for trans people and noting that countries which have done so have followed the path of supported exploration without pushing in either direction.^[39] On 20 April, the newspaper published a letter from Forstater and Helen Joyce in response to the editorial. The letter said that "children who are not 'affirmed' in their cross-sex identifications 'outgrow those feelings' and that 'common underlying causes' [of "gender distress"] include the stirrings of same-sex attraction, undiagnosed autistic-spectrum disorder, trauma from sexual abuse and, for many teenage girls, living in a sexist, porn-saturated world." They added that children were "fast-tracked" into medical interventions in countries that had banned conversion therapy, a situation they characterised as the "true conversion therapy".^[40]

Personal life

Forstater is a daughter of film producer Mark Forstater.^[41]

Popular culture

The legal case Forstater v Centre for Global Development Europe is the inspiration for the satirical novel In the Beginning by Simon Edge.^[42][43]

Selected works

• Raynard, Peter; Forstater, Maya (2002). (PDF) (Report). United Nations Industrial Development Organization. Archived from the original (PDF) on 20 February 2006. Retrieved 28 June 2022.
• Forstater, Maya; MacDonald, Jacqui; Raynard, Peter (2002). Business and Poverty: Bridging the Gap. International Business Leaders Forum. ISBN 1-899159-05-3. OCLC 224647082.
• Forstater, Maya; Oelschaegel, Jeannette; Sillanpaa, Maria (1 July 2006). What Assures Consumers?. AccountAbility. ISBN 9781901693263.
• Zadek, Simon; Forstater, Maya; Naidoo, Sharmala (July 2012). Shaping a Sustainable Future (PDF) (Report). UN Development Cooperation Forum.

References

1. Forstater, Maya [@mforstater] (3 July 2021). "Let the partying begin (I don't know why I've started so late in the day) Thanks for all the birthday wishes ccc" (Tweet). from the original on 6 January 2022. Retrieved 6 January 2022 – via Twitter.
2. Hancock, Sam (27 April 2021). "Maya Forstater: Who is woman in employment tribunal over transgender comments?". The Independent. Archived from the original on 12 May 2022. Retrieved 27 April 2021. She describes herself as being 'a mother and a feminist' who thinks 'that sexist stereotypes about women and girls, and about men and boys, are damaging for children and adults'.
3. Kahler, Miles; Forstater, Maya; Findley, Michael G.; Vittori, Jodi; Westenberg, Erica; Fanusie, Yaya J. (1 October 2018). "About the Authors". Global Governance to Combat Illicit Financial Flows: Measurement, Evaluation, Innovation (Report). Council on Foreign Relations. pp. 66–68. from the original on 30 September 2021. Retrieved 30 April 2021.
4. "Maya Forstater". Tax Journal. from the original on 30 April 2021. Retrieved 30 April 2021.
5. Smith, Helen-Ann (24 April 2021). "Maya Forstater: Woman who lost job over transgender views warns of 'scary' precedent if her tribunal appeal fails". Sky News. from the original on 30 June 2021. Retrieved 26 June 2021. Ms Forstater is a tax expert and a feminist and is the protagonist in a bitter legal battle about sex, gender and free speech.
6. Gordon, Tom (10 June 2021). "Maya Forstater wins landmark employment case on gender critical beliefs". The Herald (Glasgow). Glasgow. from the original on 10 January 2022. Retrieved 28 June 2022.
7. Faulkner, Doug (10 June 2021). "Maya Forstater: Woman wins tribunal appeal over transgender tweets". BBC News. from the original on 15 January 2022. Retrieved 10 June 2021.
8. Siddique, Haroon (10 June 2021). "Gender-critical views are a protected belief, appeal tribunal rules". The Guardian. from the original on 15 January 2022. Retrieved 10 June 2021.
9. "Maya Forstater: Woman discriminated against over trans tweets, tribunal rules". BBC News. 6 July 2022. Retrieved 6 July 2022.
10. Beal, James (1 July 2023). "Maya Forstater: gender-critical campaigner wins £100,000". The Times. Archived from the original on 30 June 2023. Retrieved 1 July 2023.
11. "Maya Forstater: Woman gets payout for discrimination over trans tweets". BBC News. 1 July 2023. Retrieved 2 July 2023.
12. Raynard, Peter; Forstater, Maya (2002). (PDF) (Report). United Nations Industrial Development Organization. Archived from the original (PDF) on 20 February 2006. Retrieved 28 June 2022.
13. Forstater, Maya (March 2018). Illicit Financial Flows, Trade Misinvoicing, and Multinational Tax Avoidance: The Same or Different? (PDF) (Report). Center for Global Development. (PDF) from the original on 30 April 2021. Retrieved 30 April 2021.
14. Zadek, Simon; Forstater, Maya; Yu, Kelly (July 2012). "The Political Economy of Responsible Business in China". Journal of Current Chinese Affairs.
15. Forstater, Maya (18 December 2020). "Claimant's Witness Statement". Medium. from the original on 29 April 2021. Retrieved 30 April 2021.
16. "Researcher who lost job for tweeting 'men cannot change into women' loses employment tribunal". The Independent. 19 December 2019. from the original on 22 April 2022. Retrieved 30 January 2021.
17. Bowcott, Owen (18 December 2019). "Judge rules against researcher who lost job over transgender tweets". The Guardian. ISSN 0261-3077. from the original on 28 May 2020. Retrieved 31 January 2021.
18. "Maya Forstater: Woman loses tribunal over transgender tweets". BBC News. 19 December 2019. from the original on 23 November 2021. Retrieved 30 April 2021.
19. Gordon, Jane (23 April 2021). "'I am fighting for the right to say men can never be women'". The Daily Telegraph. from the original on 12 February 2022. Retrieved 23 April 2021.
20. "Maya Forstater v CGD Europe and others: Appeal No. UKEAT/0105/20/JOJ" (PDF). gov.uk. (PDF) from the original on 5 February 2022. Retrieved 10 June 2021.
21. Forstater, Maya [@MForstater] (16 July 2021). "Breaking news (from Employment Tribunal case management hearing this morning) Forstater case to go to full hearing in March 2022 !" (Tweet) – via Twitter.
22. Thomas, Kim (25 March 2022). "'Too ready to take offence': Forstater tribunal hears closing arguments". The Law Society Gazette. from the original on 30 May 2022. Retrieved 28 June 2022.
23. Siddique, Haroon (6 July 2022). "Maya Forstater was discriminated against over gender-critical beliefs, tribunal rules". The Guardian. Retrieved 6 July 2022.
24. Bryant, Miranda (1 July 2023). "Woman who lost job after tweeting view on biological sex awarded £100,000". The Guardian. Retrieved 1 July 2023.
25. Pedersen, Sarah (2020). The Politicization of Mumsnet. Bingley: Emerald Publishing. ISBN 978-1-83909-471-2. OCLC 1245205439. Given her role as Minister for Women and Equalities, it is perhaps not surprising to note that the majority of questions posed for Mordaunt were on the topics of GRA reform, the prescription of 'puberty blocking' drugs to children, how schools should safeguard both female and trans students, trans people in sport and in prisons, and the basic question of the definition of 'woman'.
26. Forstater, Maya (27 March 2019). "Has Penny Mordaunt got away with the worst Mumsnet performance ever?". The Independent. Archived from the original on 12 May 2022. Retrieved 6 August 2021.
27. "About us". Sex Matters. Retrieved 6 September 2023.
28. Forstater, Maya (27 May 2021). "Rapid response: Sex matters in healthcare". The BMJ. from the original on 28 May 2021. Retrieved 28 June 2022.
29. "Rapid response: In Response to Maya Forstater". The BMJ. 31 May 2021. from the original on 6 June 2021. Retrieved 6 June 2021.
30. Suissa, Judith; Sullivan, Alice (2021). "The Gender Wars, Academic Freedom and Education". Journal of Philosophy of Education. 55 (1): 55–82. doi:10.1111/1467-9752.12549. ISSN 1467-9752.
31. Stock, Kathleen (2021). Material Girls: Why Reality Matters for Feminism. London: Fleet. ISBN 978-0-349-72660-1. OCLC 1162883174.
32. Griffiths, Sian (9 May 2021). "Employers 'discipline staff who question trans rights'". The Times. ISSN 0140-0460. Archived from the original on 8 May 2021. Retrieved 28 June 2022.
33. Wright, Oliver (15 May 2021). "Women must be heard on transgender identity, says new equalities chief". The Times. Retrieved 13 September 2022.
34. Powys Maurice, Enna (15 May 2021). "Cis women have the right to be 'gender critical' without being 'abused', says UK's new equality chief". PinkNews. from the original on 15 May 2021. Retrieved 16 May 2021.
35. "Human rights body leaves Stonewall diversity scheme". BBC News. 23 May 2021. from the original on 30 May 2021. Retrieved 30 May 2021.
36. Somerville, Ewan (8 March 2021). "Cambridge University students host free-speech event for silenced academics". The Telegraph. ISSN 0307-1235. from the original on 12 May 2021. Retrieved 12 May 2021.
37. Forstater, Maya (19 December 2021). "The Scout Association has apologised: now can they face up to their problem?". Maya Forstater. from the original on 19 December 2021. Retrieved 20 December 2021.
38. Kennedy, Dominic (20 December 2021). "Scout Association apologises to Maya Forstater for two-year 'misgendering' inquiry". The Times. ISSN 0140-0460. Archived from the original on 20 December 2021. Retrieved 20 December 2021.
39. "The Guardian view on banning 'conversion therapy': protect everyone". The Guardian. 17 April 2022. from the original on 23 May 2022. Retrieved 23 May 2022.
40. Forstater, Maya; Joyce, Helen (20 April 2022). "Why gender identity should be left out of the 'conversion therapy' ban". The Guardian. from the original on 23 May 2022. Retrieved 23 May 2022.
41. Parsons, Vic (19 December 2019). "Anti-trans 'gender critical' views not a protected characteristic under the equalities act, judge rules". PinkNews. from the original on 2 June 2021. Retrieved 2 June 2021.
42. https://www.eye-books.com/books/in-the-beginning
43. Edge, Simon (8 June 2023). In the Beginning (paperback ed.). Lightning Books. ISBN 978-1785633546.

External links

• Academia.edu Profile
• Maya Forstater on Medium