Thread by @zeno001

Hi @GenChiroCouncil @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk @prof_standards

The Equality and Diversity Monitoring Form in your job application mentions 'genders' in what appears to be a list of the protected characteristics under the Equality Act 2010.

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gcc-uk.org/assets/downloa…

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

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Sex is the protected characteristic under the Act, but that is not on your list.

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You then ask for the 'gender' of the applicant with the options:

Male
Female
Prefer not to say

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'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

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Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology.

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You then ask, "Gender identity (if appropriate)" saying "If you identify as transsexual, transgender (in that you have effected a permanent change of gender identity) or as intersex, which group do you most identify with?" with options

Transsexual
Transgender
Intersex

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'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

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Intersex is not a 'gender identity' and those with a Difference of Sex Development are still male or female. It is generally considered derogatory to those with DSDs to consider their condition to be an 'identity'.

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Asking about a personal characteristic such as 'gender' or 'gender identity' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

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If you choose not to gather data on specific protected characteristics (such as sex), you cannot have the information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal

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If you choose to discriminate on characteristics that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

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Given these errors and your use of incorrect terms, it's not clear how you can meet your s.149 Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those who didn't provide their sex.

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Nor is it clear how you can have had due regard to the other duties given the data you have collected.

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Language and meaning of words are important and proper use & understanding of terms is vital so that the public is aware of what rights they have and what your duties are. Any confusion or inconsistency over meaning may prevent people from accessing their rights in law.

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Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

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