1/17 Hi @The_TUC @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk
The 'Equality and Diversity Monitiring' section of your job application says the information will "help us ensure that our policies and procedures are effective in avoiding discrimination"
2/17 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…
3/17 I also note the @EHRC guidance on this:
Good equality practice for employers: equality policies, equality training and monitoring
equalityhumanrights.com/sites/default/…
4/17 You ask for the 'gernder' of applicants with options:
Male
Female
Non-binary
In another way
5/17 'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
legislation.gov.uk/ukpga/2010/15/…
6/17 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, but you don't ask for that.
legislation.gov.uk/ukpga/2010/15/…
'Gender' is not a synonym for sex.
7/17 You then ask, "Is your gender identity the same as the sex you were assigned at birth?"
8/17 '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/…
9/17 Equating 'gender identity' with sex is meaningless and relies 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.
10/17 Sex is not 'assigned' at birth: sex is observed and recorded and is immutable.
11/17 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.
12/17 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-…
13/17 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
14/17 If you choose to discriminate on characteristics (such as 'gender') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected characteristics.
15/17 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…
16/17 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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