Thread by @Sexnotgender_

Hi @closethepaygap @msakrit @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

I note you say "We work with policymakers, employers and employees to influence and enable action to address the causes of women’s inequality at work."

closethegap.org.uk 1/20

You also say, "We are experts on the barriers which affect women’s participation in Scotland's labour market."

closethegap.org.uk/content/about-… 2/20

The 'Equalities' section of your job application says you ask for the information to "enable us to recruit in a way that is as inclusive and fair as possible". 3/20

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… 4/20

I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 5/20

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

Woman
Man
Non-binary 6/20

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

legislation.gov.uk/ukpga/2010/15/… 7/20

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. 'Non-binary' is not a valid option.

legislation.gov.uk/ukpga/2010/15/… 8/20

'Gender' is not a synonym for sex.

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

sexnotgender.info/gender-is-not-… 9/20

'Gender' and similar terms rely 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 10/20

You then ask, "DO YOU CONSIDER YOURSELF TO BE A TRANS PERSON?"

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/… 11/20

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. 12/20

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-… 13/20

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 14/20

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. 15/20

You might also like to take note of what employment and discrimination Barrister Akua Reindorf said in her report for the University of Essex and in particular Recommendation 18:

cloisters.com/reindorf-revie… 16/20

You might like to note what Reindorf also said about the relationship with Stonewall in Recommendation 28 of her report. You might also wish to consider the 'benefits and disbenefits' of any relationship with Stonewall. 17/20

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. 18/20

It is surprising that, despite your proclaimed expertise in the barriers that affect women’s participation in Scotland's labour market and the causes of women’s inequality at work, that your own job application does not ask about the protected characteristic of sex... 19/20