Thread by @zeno001

Hi @ProstateUK @ProfWaxman

The Equal opportunities monitoring form in your job application asks for the 'gender' of applicants and includes the options, 'Man', 'Woman', 'Intersex' and 'Non-binary'.

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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 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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Intersex is not a sex class and those with a Difference of Sex Development are still considered to be of the male or female sex class.

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'Non-binary' is not a sex class, is not part of the protected characteristic and is not defined in the Act.

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You then ask, 'Is your gender the same as that assigned at birth?'

'Gender' is not a protected characteristic under the Equality Act 2010 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 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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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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