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

The Equality Monitoring Form in your job application mentions the Equality Act 2010. You then ask for the sex of the applicant with the options:

Female
Male.

However...

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

Woman
Man
Trans woman
Trans man
Non-binary
Other.

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
Woman and man are terms used in the Act under the protected characteristic of sex:

legislation.gov.uk/ukpga/2010/15/…

4/11
The other terms you use - 'Trans woman', 'Trans man' & 'Non-binary' - are not used in the Act or defined in the Act.

5/11
There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

6/11
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.

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.

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11/11

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More from @Sexnotgender_

28 Dec
Hi @InclusiveBoards @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity Monitoring Form in your job application mentions the Equality Act 2010 but asks "What is your gender?" with options:

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docs.google.com/forms/d/e/1FAI… ImageImage
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legislation.gov.uk/ukpga/2010/15/…

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legislation.gov.uk/ukpga/2010/15/…

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bristollawcentre.org.uk/wp-content/upl… 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/…

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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 - 'other' is not a valid option.

legislation.gov.uk/ukpga/2010/15/…

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

In the Equal Opportunities Monitoring section of your job application, you list sex as one of the protected characteristics under the Equality Act 2010.

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cc @wornoutmumhack ImageImage
However, you then ask "How would you describe your gender?" with options:

Male
Female.

2/14
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/14 Image
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Hi @TowerHamletsNow @Alvius_ai @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity section of your job application asks "Which gender do you identify as?" with options:

Male
Female
Other.

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 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 'other' way describe one's sex.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

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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
'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
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

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