Thread by @zeno001

Hi @SocialWorkEng

Your Equality and diversity monitoring form for job applications asks for 'gender' and includes the options, 'Male', 'Female' and 'Other/Not specified'.

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smartsurvey.co.uk/s/socialworken…

'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 for describing one's sex.

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You then ask, 'Do you identify as trans?'

'Trans' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

The protected characteristic I suspect you intend to ask about is 'gender reassignment'.

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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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