Thread by @zeno001

Hi @barstandards

In your document, 'A template Diversity Monitoring Form for chambers and BSB Authorised Bodies', you ask, 'What is your gender?', and include the options 'Male' and 'Female'.

cc @gardencourtlaw

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barstandardsboard.org.uk/uploads/assets…

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

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.

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You then ask about 'Gender Identity' and use that term and the term 'gender expression'.

These terms are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

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You then ask, 'Is your gender the same as you were assigned at birth?'

Neither sex nor gender is assigned at birth: sex is observed and recorded and is immutable.

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Asking about a characteristic that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal data without a lawful basis.

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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.

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Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance? Will you further ensure all chambers correct their errors?

Please respond.

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