Thread by @zeno001

Hi @captheatres

Your Equal Opportunities Monitoring form in your job application correctly lists 'sex' in what appears to be a list of protected characteristics under the Equality Act 2010.

capitaltheatres.com/media/2085/equ…

cc @shonacraven

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However, you then ask the applicant their 'gender', and include the options 'Female', 'Male', 'Transgender' and 'Other'.

'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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'Transgender' is not a sex class and is not part of the protected characteristic of 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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