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Schedule 13: Government Sector Employment (General) Rules 2014 
Rule 26,

The proposed ammendments to the "Government Sector Employment (General) Rules 2014," particularly Rule 26,  involve updating the criteria for who can be considered for government jobs. New categories have been added to include intersex (people with developmental sex disorders primarily of the genitalia) and transgender individuals as eligible for these positions.

  • Complexity in Hiring: Introducing these specific categories could make the hiring process more complicated. The fear is that focusing too much on these labels could lead to decisions based more on these traits rather than on who is best for the job.
     

  • Focus on Gender Identity: There's a worry that by specifically highlighting intersex and transgender candidates, other important factors like economic background or age might get less attention, which could shift the focus away from broader diversity goals.
     

  • Verification Issues: Determining if someone is intersex or transgender could be difficult and invasive, leading to complicated and potentially uncomfortable situations for candidates and HR departments alike. For example, is there any reason to suggest that having unusual genitalia is going to hinder or help someone in the workplace. How are you going to check for that condition? A person with a Developmental Sexual Disorder or “Intersex” condition will not be visible to another person, so there is no need to prioritise them in an employment context.
     

  • Effects on Other Groups: The inclusion of these specific groups without clear guidance on balancing all aspects of diversity might inadvertently push other historically marginalised groups, such as people with disabilities or indigenous populations, further down the priority list in recruitment processes.  These amendments seek to enhance diversity, but for diversity's sake rather than merit.  This is not an amendment that is addressing anti-discrimination it is instead making a special case, for conditions that are not disabilties. 

Recommentation:
 

  • Avoid specific categories based on gender identity in employment eligibility to prevent reverse discrimination and uphold meritocracy.

  • Foster an inclusive workplace environment that respects a diverse range of views and identities without mandating ideological conformity.

  • Withdraw the proposed amendments

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