Thread by @Sexnotgender_

Hi @barnardos @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality & Diversity Monitoring section in your job application rightly asks for the sex of the applicant with options:

Male
Female.

However...

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However, you then ask: "Please specify here the sex you were assigned at birth or that on a Gender Recognition Certificate for Inland Revenue purposes."

Sex is not 'assigned' at birth: it is observed and recorded and is immutable.

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You then ask for the 'Gender identity' of the applicant saying "This is how you feel about and express your gender" with options:

Woman
Man
Any other gender identity

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

legislation.gov.uk/ukpga/2010/15/…

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'Woman' and 'Man' are the terms the Act uses in relation to the protected characteristic of sex so any alternative usage could be misleading or confusing.

legislation.gov.uk/ukpga/2010/15/…

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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 - and potentially Special Category - data without a lawful basis.

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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.

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If you choose to discriminate on characteristics (such as 'gender') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

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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.

sexnotgender.info/list

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