Thread by @zeno001

Hi @HachetteUK @arnaudnourry

In the Equal Opportunities Monitoring section of your job application, you have what appears to be a list of the protected characteristics under the Equality Act 2010, but you include the term 'gender'.

cc @HodderBooks

1/10

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

Sex is the protected characteristic under the Act, but that is not on your list.

2/10

You then ask about 'Gender identity' including the options:

Agender/ Neutrois
Cisgender
Intersex
Non-binary
Other term preferred
Queer
Questioning
Trans

You say these were "selected in consultation with the Hachette Pride employee network"

3/10

'Gender' and 'gender identity' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

4/10

Many of the options you list are not related to protected characteristics and some are not 'gender identities', particularly Intersex, which relates to a number of medical conditions. 'Cisgender' is an offensive term to many.

5/10

Sex is a protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology but you don't ask for the applicant's sex.

6/10

If you choose not to gather data on specific protected characteristics (such as sex), you cannot have information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal.

7/10

Asking about a personal characteristic such as 'gender' and 'gender identity' that are not protected characteristics under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

8/10

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.

9/10

Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

10/10

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