Hi @imperialcollege @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

The Diversity information section of your job application asks "What is your legal sex?" but you don't say what you mean by that term - the protected characteristic under the Equality Act 2010 is sex.

1/11
However, you then ask, "Is your gender identity the same as the gender you were originally assigned at birth?"

2/11
'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act. 'Gender' and 'gender identity' are not synonyms for sex.

legislation.gov.uk/ukpga/2010/15/…

3/11
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.

4/11
Neither sex nor 'gender' is 'assigned' at birth: sex is observed and recorded and is immutable.

5/11
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 - and potentially Special Category - data without a lawful basis.

6/11
If you choose not to gather data on specific protected characteristics (such as sex), you cannot have the information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal.

7/11
If you choose to discriminate on characteristics that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

8/11
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.

9/11
Given these errors and your use of incorrect terms, it's not clear how you can meet your Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those questions?

10/11
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

11/11

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More from @zeno001

19 Sep
Hi @Uni_of_Essex @Forster_Anthony @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities section of your job application asks for the 'gender' of the applicant with options

Female
Male
Unspecified

1/9 Image
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/9 Image
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.

3/9
Read 10 tweets
19 Sep
Hi @Ofstednews @amanda_spielman @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

The Diversity monitoring section of your job application asks for the 'gender' of the applicant with the options:

Man
Woman
Prefer to self-describe
Prefer not to disclose

1/9 Image
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/9 Image
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 self-describe is not a valid option.

3/9
Read 10 tweets
19 Sep
Hi @GenChiroCouncil @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk @prof_standards

The Equality and Diversity Monitoring Form in your job application mentions 'genders' in what appears to be a list of the protected characteristics under the Equality Act 2010.

1/16 Image
gcc-uk.org/assets/downloa…

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

legislation.gov.uk/ukpga/2010/15/…

2/16 Image
Sex is the protected characteristic under the Act, but that is not on your list.

3/16
Read 17 tweets
18 Sep
Hi @MayorofLondon @SadiqKhan @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

I note you are recruiting for your Commission for Diversity in the Public Realm.

You say you welcome applications from all sections of the community, regardless of age, gender, etc.

1/13
Can you say whether you also welcome applications from both sexes?

Then, in the Recruitment Monitoring Questionnaire in the application, you ask for the 'gender' of the applicant, with the options

Female
Male
Other.

2/13
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/13
Read 14 tweets
16 Sep
Hi @TheBMA @CNagpaul @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk @lizrob92

If you're going to campaign to change the law, you might be advised to first understand it properly.

The Equal opportunities monitoring section in your job application asks for 'gender'...

1/10
... of the applicant with the options:

Male
Female
Transgender

2/10
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/10
Read 11 tweets
15 Sep
Hi @cpsuk @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

The Diversity monitoring section of your job application asks for the 'gender' of the applicant with the options:

Man
Woman
Prefer to self-describe

cc @WeAreFairCop

1/9
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/9
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 'self-describe' is not a valid option.

3/9
Read 10 tweets

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