Thread by @Sexnotgender_

Hi @Scottish_Squash @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

In your 'Member Equality Survey', you say "This work is being carried out as part of our responsibilities under the Equality Act 2010"

forms.office.com/Pages/Response…

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In the list of what appears to be the protected characteristics under the Act you (rightly) list sex but you also list 'gender identity'.

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'Gender identity' 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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You ask, "Are you" with options:

Male
Female
Non-binary
I prefer not to say
Other

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It is not clear if you intend this question to be asking for the sex of the individual or something else because although female and male are the terms used and defined in the Act for the two sexes, 'non-binary' is not a sex or a term used or defined in the Act.

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'Other' would also not be a valid response.

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You then ask, "Do you or have you ever identified as transgender"

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'Transgender' 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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There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act and you have not included that in your list of protected characteristics.

legislation.gov.uk/ukpga/2010/15/…

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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…

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