Thread by @zeno001

Hi @sportwales @spcawl10

The Diversity Questions in your job application asks for the applicant's 'gender' and includes the options, 'Male (including female to male trans men)', 'Female (including male to female trans women)' and 'Non-binary'.

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'Gender' and 'Non-binary' are not sex classes, are not part of the protected characteristics and are not defined in the Act.

Sex is the protected characteristic and the only two possible options for sex are 'Female' & 'Male' as defined in the Act & consistent with biology.

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Under the Act, only those who are male who hold a Gender Recognition Certificate (GRC) can be treated - for some limited purposes only - as if they were female & those who are female who hold a GRC can be treated - for some limited purposes only - as if they were male.

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You then ask, 'Is your gender identity different to the sex you were assumed to be at birth?'

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

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Sex is not assumed 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?

Please respond.

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