Thread by @Sexnotgender_

@BritGymnastics Hi @BritGymnastics @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch @GEOgovuk

The 'Equal Opportunities' section in this job application says the information "will help us ensure equality in our services to you". 1/29

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, which is not the same as 'diversity monitoring' or 'inclusion':

sexnotgender.info/equality-diver… 2/29

I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/29

You say "We are committed to the fair treatment of our staff, potential staff, regardless of race, gender, religion/belief, sexual orientation, age, pregnancy/maternity, marital or civil partnership status, physical/mental disability, responsibilities for dependants..." 4/29

In what otherwise appears to be a list of the protected characteristics under the Equality Act 2010, you have 'gender', which is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 5/29

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-…

You also don't have the protected characteristic of gender reassignment on your list. 6/29

You ask, "To which gender identity do you most identify?" with options:

Male
Female
Transgender
Non-binary
Prefer not to say 7/29

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

legislation.gov.uk/ukpga/2010/15/… 8/29

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/… 9/29

You may like to note that EHRC told BBC journalists Stephen Nolan & David Thompson that the term ‘gender identity’ was NOT interchangeable with ‘gender reassignment’ in relation to the protected characteristics in the Equality Act.

10/29

As female and male are the terms in the Act relating to the protected characteristic of sex, using them for some other question can only be confusing and could lead to gathering inconsistent and contradictory data. 11/29

You don't say why you are collecting this personal information but you don't include an option for an applicant who doesn't have a 'gender identity'. 12/29

This could indicate an institutional bias towards an ideology to which not everyone subscribes and this may impinge on their protected beliefs.

assets.publishing.service.gov.uk/media/60c1cce1… 13/29

'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. 14/29

I note that in the questions on disability and on sexual orientation you refer to the definitions given in the Equality Act 2010 so it's disappointing you didn't also refer to the Act for the definitions and options for sex or gender reassignment. 15/29

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. 16/29

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/… 17/29

If you don't collect data on the Equality Act's protected characteristic of gender reassignment you cannot know that you are not discriminating against those with that protected characteristic. 18/29

Under 'Legal information', your careers page does correctly list protected characteristics & asks applicants to fill in the monitoring form, so it's disappointing that the monitoring form doesn't correctly ask about the protected characteristics.
british-gymnastics.org/gymnastics-car… 19/29

Asking about a personal characteristic such as 'gender identity' 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. 20/29

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-… 21/29

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' may cause issues in processing the information lawfully.

equalityhumanrights.com/en/publication… 22/29

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. 23/29

If you choose to discriminate on characteristics (such as 'gender identity') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected characteristics. 24/29

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/insights/reind… 25/29

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/… 26/29

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. 27/29

Perhaps the successful applicant for your Equality, Diversity & Inclusion Lead could tackle these issues as a priority?

Please also see the issue I raised in 2019:

28/29