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.

1/12

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/…

2/12
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.

3/12
Under the heading of 'Gender Identity', you then ask
'Does your gender identity match the sex you were assigned at birth?'

4/12
'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/…

5/12
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.

6/12
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.

7/12
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.

8/12
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.

9/12
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.

10/12
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…

11/12
Please respond.

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12/12

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More from @Sexnotgender_

30 Dec
Hi @ChelwestFT @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities section in your job application mentions the Equality Act 2010 four times and correctly lists sex as a protected characteristic. However...

1/11 ImageImage
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 Image
Read 12 tweets
30 Dec
Hi @EdinburghUni @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The DIVERSITY INFORMATION section in yr job application mentions 'legal equality duties'. You then ask "What is your gender identity?" with options

Female
Male
Non-binary
Not-listed
Other

1/13 ImageImage
'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/…

2/13 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 - 'non-binary' and 'other' are not valid options.

legislation.gov.uk/ukpga/2010/15/…

'Gender identity' is not a synonym for sex.

3/13 Image
Read 14 tweets
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:

Man
Woman
Non-binary
Other

1/14

docs.google.com/forms/d/e/1FAI…
'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 - 'non-binary' and 'other' are not valid options.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/14
Read 16 tweets
28 Dec
Hi @scotgov @JeaneF1MSP @haughey_clare @MairiGougeon @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity Monitoring section of the application for 'CMO Rape and Sexual Assault Taskforce – Self-Referral Policy and Project Manager' asks...

1/11
...asks 'What is your Gender?' 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
28 Dec
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.

However...

1/14

cc @wornoutmumhack
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
Read 15 tweets
27 Dec
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
Read 12 tweets

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