Thread by @Sexnotgender_

Hi @TheLawSociety @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equal Opportunities' section in your job application says you use the information to monitor your 'policy of equal opportunities'. 1/17

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… 2/17

I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/17

It's good to see that you have sex in what appears to be a list of the protected characteristics under the Equality ACt 2010.

It's also good to see you ask about the protected characteristic of sex and correctly provide just two options:

Female
Male 4/17

However, you then ask, "Which gender do you identify with?" with options:

Man
Woman
Other preferred description
Non-Binary 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/…

Man and woman are the terms associated with the protected characteristic of sex in the Act. 6/17

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

sexnotgender.info/gender-is-not-… 7/17

You then ask, "Is your gender the same as the sex you were registered at birth?"

Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 8/17

Equating 'gender' 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. 9/17

There is a protected characteristic of 'gender reassignment', but it is defined in the Act in terms different to those you use here.

legislation.gov.uk/ukpga/2010/15/… 10/17

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. 11/17

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-… 12/17

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. 13/17

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… 14/17

As you are a Stonewall 'Diversity Champion', 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 your relationship with Stonewall. 15/17

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. 16/17