Hi @midgov @newbattlehigh @MayfieldPS @edinburghpaper
The Equal Opportunities Form in your job application appears to list the protected characteristics under the Equality Act 2010. However, it lists the term 'gender'.
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The Equal Opportunities Form in your job application appears to list the protected characteristics under the Equality Act 2010. However, it lists the term 'gender'.
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'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
Sex is the protected characteristic under the Act, but that is not on your list.
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Sex is the protected characteristic under the Act, but that is not on your list.
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You then ask, 'How would you describe your gender?' and includes the options 'Female', 'Male' and 'Other'.
Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
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Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
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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 and there is no 'other' way of describing one's sex.
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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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Please respond.
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