Hi @thebarcouncil
The Equal Opportunities Monitoring section of your pupillage application form states that you gather the information to assist you in meeting your 'statutory duties under the Equality Act 2010'.
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The Equal Opportunities Monitoring section of your pupillage application form states that you gather the information to assist you in meeting your 'statutory duties under the Equality Act 2010'.
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Under the heading 'Gender', you ask 'What best describes your gender?' and include the options 'Female', 'Male' and 'Prefer to use another term'.
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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 other term that describes sex.
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Under another heading of 'Gender' you say:
"This question is designed to gather trans data i.e. whether your gender identity and/or gender expression differs from your birth sex. A trans person may or may not seek to undergo gender reassignment hormonal treatment/surgery."
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"This question is designed to gather trans data i.e. whether your gender identity and/or gender expression differs from your birth sex. A trans person may or may not seek to undergo gender reassignment hormonal treatment/surgery."
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...and ask the question, 'Is your gender identity the same as the sex you were assigned at birth?'
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The terms 'gender', 'trans', 'gender identity' and 'gender expression' are not protected characteristics under the Equality Act 2010 and are 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 such as 'gender', 'gender identity' and 'gender expression' that are not protected characteristics 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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