Thread by @zeno001

HI @Census2021

The Diversity section of your application for the 2021 Census jobs mentions the Equality Act 2010 but asks for the 'gender' of the applicant and includes the options 'Female', 'Male'.

cc @ONS @AdeccoGroup @IanDiamond11 @iainbellons

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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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As you are aware, conflating the term 'gender' with sex will result in erroneous data being collected and in this case it is clear that sex is the protected characteristic, not 'gender'.

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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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Can you also explain how you will meet your Public Sector Equality Duty given this use of an incorrect term 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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