Hi @AvivaUK
The Diversity information UK section of your job application asks for 'gender' and includes the options 'Female' and 'Male'.
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The Diversity information UK section of your job application asks for 'gender' and includes the options 'Female' and 'Male'.
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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.
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2/7
You then ask for 'Gender Identity' and include the options 'Female', 'Male', 'Non-binary / Gender non-conforming', 'Prefer to self-identify' and 'Trans'.
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'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The terms 'Non-binary / Gender non-conforming' and 'Trans' are not defined in the Act.
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The terms 'Non-binary / Gender non-conforming' and 'Trans' are not defined in the Act.
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Asking about a personal 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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5/7
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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6/7
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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