Hi @southbankcentre
The Diversity Information section of your job application has what appears to be a list of the protected characteristics under the Equality Act 2010. This list corrects gives sex as one of those.
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The Diversity Information section of your job application has what appears to be a list of the protected characteristics under the Equality Act 2010. This list corrects gives sex as one of those.
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However, you then ask the applicant - under the heading of 'Ethnicity' - for their 'Gender', and include the options 'Male', 'Female' and 'Own term below'. You then ask, 'If you prefer to use your own term please provide here:'
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'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 way of self-describing one's sex. It has nothing to do with ethnicity.
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Asking about a personal characteristic such as 'gender' 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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