Hi @bbc @BBCCareers @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Monitoring form in your job application asks "What is your gender?" with options:

Female
Male
Other term preferred.

cc @Tribepad

1/14
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/14
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 there is no valid 'other term'.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/14
You then ask "Is your gender identity different from the gender you were assigned at birth? e.g. Do you identify as transgender?"

4/14
'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/…

5/14
'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

6/14
'Transgender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

There is a protected characteristic of 'gender reassignment', but that is a different protected characteristic to the protected characteristic of sex.

7/14
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.

8/14
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.

9/14
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.

10/14
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 who didn't provide their sex.

11/14
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

12/14
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.

13/14
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

14/14

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More from @Sexnotgender_

24 Dec
Hi @SouthOxon @WhiteHorseDC @Alexa_Kantor @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Monitoring section in your job applications has 'gender' in what appears to be a list of protected characteristics under Equality Act 2010.

1/13 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/…

2/13 Image
Sex is the protected characteristic under the Act, but that is not on your list.

'Gender' is not a synonym for sex.

3/13
Read 14 tweets
24 Dec
Hi @Girlguiding @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity Questionnaire in your job application asks "What best describes your gender" with options:

Female
Male
Non-binary
Prefer to self-describe.

1/10

girlguiding.org.uk/globalassets/d… ImageImage
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/10 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 there is no way to 'self-describe' one's sex.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/10 Image
Read 11 tweets
23 Dec
Hi @bmj_latest @bmj_company @trishgreenhalgh @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The EEO section of your job application has 'gender' in what appears to be a list of the protected characteristics under the Equality Act 2010.

1/11 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/…

2/11 Image
Sex is the protected characteristic under the Act, but that is not on your list.

'Gender' is not a synonym for sex.

3/11
Read 12 tweets
22 Dec
Hi @DPT_NHS @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Monitoring Information section of your job application mentions the Equality Act 2010 five times and correctly lists sex as the protected characterisitc inder the Act.

However...

1/11
However, you then ask for the 'gender' of the applicant with options:

Male
Female.

2/11
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/11
Read 12 tweets
22 Dec
Hi @JRRT1904 @GreenParkLtd @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity Monitoring Questionnaire in your trustee application has sex in a list of protected characteristics under the Equality Act 2010

However...

forms.gle/EzEVJ8gSf4PXeG…

1/11
However, you then ask for the 'Gender Identity' of the applicant with options:

Man (including trans man)
Woman (including trans woman)
Other Gender Identity (e.g. androgyne person).

2/11
'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/11
Read 12 tweets
22 Dec
Hi @gmlawcentre @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

In the Equalities Monitoring Form in your Employment Lawyer/Supervisor job application you ask for 'Gender/Identity' with options:

Female
Male
Transgender
Other

gmlaw.org.uk/wp-content/upl…
'Gender/Identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…
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 'other' is not a valid option.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.
Read 10 tweets

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