Hi @SussexUni @adamtickell @profsaulbecker @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities monitoring form in your job application asks for the 'gender' of the applicant with options:

Male
Female
Other.

sussex.ac.uk/humanresources…

1/10
'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
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.

3/10
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.

4/10
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.

5/10
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.

6/10
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.

7/10
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

8/10
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.

9/10
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

10/10

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with sexnotgender.info

sexnotgender.info Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @Sexnotgender_

1 Jan
Hi @OpenUniversity @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Form in your job application correctly has sex in a list of the protected characteristics under the Equality Act 2010.

However...

1/13 Image
However, you then ask for the 'gender' of the applicant with options:

Male
Female
Unknown
Undisclosed
Others
Prefer not to say.

2/13
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/13 Image
Read 14 tweets
31 Dec 20
The Equal Ops form in your job application asks for the 'gender' of the applicant with options:

Female
Male.

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
30 Dec 20
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
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
30 Dec 20
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
'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
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
Read 14 tweets
28 Dec 20
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 20
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

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!