Thread by @Sexnotgender_

Hi @WFD_Democracy @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Diversity and Inclusion Monitoring Questions' in your job application says the information will be used "for monitoring purposes only".

cc @peoplehrms

1/19

As it is a part of your job application process, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.

sexnotgender.info/equality-diver…

2/19

I also note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

equalityhumanrights.com/sites/default/…

3/19

You then ask, "Gender: Which of the following best describes your gender?" with options:

Female
Female
Male
Male
Prefer Not to Say
Prefer Not to Say
Prefer to self-describe
Prefer to self-describe

4/19

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

legislation.gov.uk/ukpga/2010/15/…

5/19

Sex is the protected characteristic & the only 2 possible options for sex are 'Female' & 'Male' as defined in the Act and consistent with biology, but you don't ask for that. 'Self-describe' is not a valid option.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

6/19

You then ask "Gender Identify [sic]: Do you identify as a transgender or transsexual (in that you have effected a permanent change of gender identify [sic])?" with options

No,
No,
Prefer Not to Say
Prefer Not to Say
Prefer to self-describe,
Prefer to self-describe,
Yes
Yes

7/19

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

legislation.gov.uk/ukpga/2010/15/…

8/19

There is a protected characteristic of 'gender reassignment', but the definition you use here is not the one in the Act.

legislation.gov.uk/ukpga/2010/15/…

9/19

You then ask, "Gender Orientation: Please tick again one of the following" with options:

Bisexual
Gay Man/Homosexual,
Gay woman/Lesbian
Heterosexual,
Prefer to self-describe

10/19

'Gender Orientation' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act, but there is a protected characteristic of sexual orientation.

legislation.gov.uk/ukpga/2010/15/…

11/19

'Gender' and similar terms rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts with which I'm sure you would not wish to be associated.

12/19

Asking about a personal characteristic such as 'gender' 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.

13/19

The Government provides a list of the personal data an employer may hold about an employee without their permission that you might also find useful. 'Gender' does not appear on that list, but sex does.

gov.uk/personal-data-…

14/19

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

15/19

If you choose to discriminate on characteristics (such as 'gender' or 'gender identify') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected characteristics.

16/19

You might also like to take note of what employment and discrimination Barrister Akua Reindorf said in her report on the @uni_of_essex and in particular Recommendation 18:

cloisters.com/reindorf-revie…

17/19

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.

18/19