Thread by @Sexnotgender_

Hi @STAR__Centre @rapecrisisscot @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

In your advert for your Support & Advocacy Worker vacancy, you say "only women [sic] need apply under Schedule 9, Part 1 of the Equality Act 2010."

goodmoves.com/vacancy/a4s3z0…

1/11

In the Equality & Diversity Monitoring Form, you ask "GENDER How would you describe your gender identity?" with options:

Man (including female-to-male trans man)
Woman (including male-to-female trans woman)
In another way (for example, non-binary).

storage.googleapis.com/elasticsauce.a…

2/11

'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/…

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 - 'trans' and 'non-binary' are not valid options for sex.

legislation.gov.uk/ukpga/2010/15/…

4/11

'Gender' and 'gender identity' are not synonyms for sex.

5/11

Given the above and your reliance on Schedule 9, Part 1 of the Equality Act 2010 to lawfully discriminate against those who are not female for the vacancy, can you clarify who exactly you would consider for the job of providing a service to survivors of sexual violence?

6/11

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

7/11

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.

8/11

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.

9/11

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.

10/11

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

cc @goodmovesjobs

11/11

@threadreaderapp unroll

Hi @STAR__Centre @rapecrisisscot

Can you please respond to the points I raised?