Thread by @zeno001

Hi @TheHiveYZ

Your Equalities Monitoring form in your job application asks, 'Please describe your gender identity?' and includes the options 'Male' and 'Female'.

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Neither 'gender' nor 'gender identity' is a protected characteristic under the Equality Act 2010 and these terms are not defined in the Act.

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Sex is the protected characteristic under the Act 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, 'Is your gender identity the same as the gender you were assigned at birth?

Again, 'gender identity' is not a protected characteristic and is not defined in the Act.

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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?

You might also like to take advice about asking this, 'Are you currently Pregnant or have you had a baby in the last 6 months?'

Please respond.

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