Thread by @Sexnotgender_

Hi @manmetuni @MMUEqualities @stephenwhittle @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality & Diversity Monitoring section in your job application ask "Are you a" with options:

Male
Female.

1/11

Your page on the Equality Act correctly states sex as a protected characteristic so it is odd you completely avoid the use of that term on your equaltiy monitoring form.

mmu.ac.uk/about-us/equal…

2/11

You also ask "Is your gender identity the same as the gender you were assigned at birth?"

3/11

'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act - and are not listed on your Equality Act page as such.

legislation.gov.uk/ukpga/2010/15/…

4/11

'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

5/11

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.

6/11

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

7/11

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.

8/11

Nor is it clear how you can have had due regard to the other duties given the data you have collected.

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

11/11

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