Thread by @zeno001

Hi @StaffsPolice @staffspoliceCC @accemmabarnett @StaffsPFCC

Your job applications talk about positive action and the Equalities [sic] Act 2010 as does the Equal Opportunities form and the latter correctly lists sex as one of the protected characteristics under the Act:

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However, the form asks for the 'gender' of the applicant, with the options of 'Male' and 'Female':

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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.

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You then ask for the 'gender identity' of the applicant, with the options 'Intersex', 'Transsexual', 'Transgender' and 'Not Applicable'.

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

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

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Asking about a personal characteristic such as 'gender' or 'gender identity' 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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Can you explain how you meet the Positive Action requirements under s.158 and s.159 of the Act if you are using terms for protected characteristics that are not defined and not used in the Act and asking for personal information that are not protected characteristics?

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Can you also explain how you will meet your Public Sector Equality Duty given these errors and your use of incorrect terms and how you know whether you have met it in the past given your data could have been corrupted by those who didn't provide their sex?

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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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