Thread by @Sexnotgender_

Hi @DofE @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

Your job application form says you are "committed to promoting equality of opportunity in employment and to selecting and developing staff on merit, irrespective of race, religion, gender,... 1/21

...gender identity or expression, sexual orientation, national origin, disability or age" and that you use the information "to assist us in meeting our statutory obligations under the Equality Act" 2/21

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… 3/21

I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 4/21

You vlist 'gender' and 'gender identity or expression' but these are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

Sex is the protected characteristic under the Act, but that is not on your list. 5/21

See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-… 6/21

You ask, "What is your gender?" with options:

Female
Man
Male
Non Binary
Transgender
Intersex
Prefer Not to Say
Woman
Transsexual
Other
Prefer to self describe 7/21

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

legislation.gov.uk/ukpga/2010/15/… 8/21

Female, Man, Male and Woman are all terms relating to the protected characteristic of sex under the Act. 9/21

Intersex is not a 'gender' but relates to a number of different medical conditions.

dsdfamilies.org/parents/what-d… 10/21

You also ask, "What is your sex?" with options:

Female
Male
Other. 11/21

It's good to see you ask applicants for their sex as this is a protected characteristic but the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology so 'other' is not a valid option. 12/21

You also ask, "Does your gender identity match your sex as registered at birth?"

'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act. 13/21

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. 14/21

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. 15/21

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' and 'gender identity' do not appear on that list, but sex does.

gov.uk/personal-data-… 16/21

If you choose to discriminate on characteristics (such as 'gender' or 'gender identity') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected characteristics. 17/21

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… 18/21

You might like to note what Reindorf also said about the relationship with @stonewalluk in Recommendation 28 of her report. You might also wish to consider the 'benefits and disbenefits' of a relationship with Stonewall or similar organisations. 19/21

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. 20/21