Thread by @Sexnotgender_

Hi @MidwivesRCM @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note your committment today to @millihill to ensuring "women are never erased":



I also note you are a Stonewall 'Diversity Champion'. 1/25

The 'equality monitoring form' in your job application says you use the information "on several characteristics relating to equality and diversity" to "ensure effective implementation of our commitment to equal opportunities".

rcm.org.uk/media/5516/equ… 2/25

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… 3/25

I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 4/25

Your ask, "What best describes your gender?", with options:

Female
Male
I use another term (for example, non-binary): (please specify if you wish) 5/25

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

legislation.gov.uk/ukpga/2010/15/… 6/25

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. 'Non-binary' is not a sex.

legislation.gov.uk/ukpga/2010/15/… 7/25

'Gender' is not a synonym for sex.

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

sexnotgender.info/gender-is-not-… 8/25

I also note that the EHRC, in their own recruitment equality monitoring, ask for the sex of applicants with options of female and male. This would appear to be a good model to follow. 9/25

You then ask, "Do you consider yourself to be trans? Trans is an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth." 10/25

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. 11/25

'Trans' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act.

Sex is not 'assigned' at birth: sex is observed and recorded and is immutable. 12/25

There is a protected characteristic of 'gender reassignment', but it is defined in the Act in terms different to those you use here and you don't ask about this protected characteristic.

legislation.gov.uk/ukpga/2010/15/… 13/25

You then ask, "What best describes your sexual orientation? (listed alphabetically)" and give a long explanation about what you mean by the term 'Bi'.

This contradicts the protected characteristic of sexual orientation of the Act. 14/25

Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the UK GDPR by processing personal - and potentially Special Category - data without a lawful basis. 15/25

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' does not appear on that list, but sex does.

gov.uk/personal-data-… 16/25

The EHRC state that information about a person's 'transgender status' is Special Category personal information under the UK GDPR. Sex is not, so conflating sex and 'gender' as you do may cause issues in processing the information lawfully.

equalityhumanrights.com/en/publication… 17/25

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 18/25

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. 19/25

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… 20/25

As you are a Stonewall 'Diversity Champion', 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 your relationship with Stonewall. 21/25

You might also like to consider Stephen Nolan and David Thompson's BBC investigation into Stonewall:

bbc.co.uk/sounds/brand/p… 22/25

I would also suggest you read this report that highlights the risks and dangers (both reputational and legal) of relying on and processing inaccurate, misleading or downright wrong information about protected characteristics under the Equality Act.

sex-matters.org/posts/updates/… 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