Thread by @Sexnotgender_

Hi @Hestia1970 @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I see you are advertising a job 'Children & Family Worker – Domestic Abuse (Female Applicants Only)' & that you rely on Schedule 9 1 (1)(a) of the Equality Act 2010 to recruit someone who is female...

1/25

... because that is obviously an essential requirement of the job.

hestia.octo-firstclass.co.uk/Candidates/c/A…

2/25

On the CV upload page, you request that applicants remove certain personal information from their CV. However, you include 'gender' in that list but not sex.

Can you say why? 3/25

You then reiterate that, under the single-sex exemption of the Equality Act, applicants must be female and ask:

"Please confirm if you identify as female"

Schedule 1 of the Act is an exemption on the grounds of sex and sex is not something anyone can 'identify' with. 4/25

If 'identify as female' is the criterion you are invoking, then a male could claim to 'identify as female', circumventing the Schedule 1 exemption that the applicant be of the female sex. 5/25

In the 'Equal Opportunities Questions' section, you say you use the information to monitor 'the effectiveness of its Equal Opportunities Policy. 6/25

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… 7/25

I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 8/25

You have 'gender' in what appears to be a list of the protected characteristics under the Equality Act 2010.

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

legislation.gov.uk/ukpga/2010/15/… 9/25

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

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

sexnotgender.info/gender-is-not-… 10/25

You then ask for the 'gender' of applicants with options:

Male
Female
Non-Binary
Gender Fluid
Other

11/25

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

legislation.gov.uk/ukpga/2010/15/… 12/25

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. 13/25

'Non-binary', 'gender fluid' and 'other' are not valid options and are not used or defined in the Act. 14/25

You then ask for 'Gender Identity' with options:

Cisgender (gender identity matches the sex that you were assigned at birth)
Transgender
Prefer Not To Say

15/25

'Cisgender' is a derogatory and unnecessary term.

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. 16/25

Sex is not 'assigned' at birth: sex is observed and recorded and is immutable.

Transgender is not a protected characteristic. 17/25

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/… 18/25

Asking about a personal characteristic such as 'gender' or 'gender identity' 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. 19/25

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-… 20/25

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 21/25

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. 22/25

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… 23/25

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. 24/25