Thread by @zeno001

Hi @seftoncouncil @SeftonMayor

In the Diversity Monitoring section of your job application you ask for the sex of the applicant and include the options 'Male', 'Female' and 'Intersex'.

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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. To imply that they are neither male nor female is deeply problematic.

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Under the Equality Act 2010, 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 way of defining sex class.

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Under the heading of 'Gender Identity', you then ask, "Do you live in the same gender you were given at birth".

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'Gender identity' and 'gender' 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 'given' at birth: sex is observed and recorded and is immutable.

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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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