Thread by @Sexnotgender_

Hi @ABLC1 @LawCentres @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

Your EQUAL OPPORTUNITIES MONITORING FORM in your job application asks, under the heading of 'Gender', "Do you identify as:" with options:

Male
Female
Other.

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

'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/…

'Gender' is not a synonym for sex.

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Under the heading of 'Gender Identity', you then ask
'Does your gender identity match the sex you were assigned at birth?'

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'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/…

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Equating 'gender identity' with sex is meaningless and relies on demeaning, regressive stereotypical notions of societal roles for the two sexes.

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

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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?

You might also like to add some of the terms and their correct meanings to your 'Legal Terms Explained' page:

bristollawcentre.org.uk/get-help/legal…

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Please respond.

sexnotgender.info/list

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