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

The EQUAL OPPORTUNITIES MONITORING FORM in your job application correctly has sex in a list of protected characteristics under the Equality Act 2010

However...

jesus.cam.ac.uk/sites/default/…

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

Female
Male.

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
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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

4/11 Image
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.

5/11
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.

6/11
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.

7/11
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.

8/11
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

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.

sexnotgender.info/list

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

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More from @Sexnotgender_

3 Jan
Hi @StMungos @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Recruitment Diversity Monitoring section of your job application for Women's Strategy Manager - female mentions the Equality Act 2010 but...

stmungos.current-vacancies.com/Jobs/Advert/20…

1/15 ImageImage
... but then asks for the 'gender' of the applicant with options:

Female
Male
Non-Binary
Transgender.

2/15
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

3/15 Image
Read 16 tweets
2 Jan
Hi @KeeleUniversity @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality and Diversity section of your job application, under the heading 'Sex', then asks for the 'gender' of the applicant with options:

Female
Male
Unspecified.

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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/14
Read 15 tweets
2 Jan
Hi @UniKent @UniKentEmploy @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Monitoring in your job application asks for the 'gender' of the applicant with options:

Female
Male
Non-Binary
Other.

1/15
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/15
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 - 'non-binary' and 'other' are not valid options.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/15
Read 16 tweets
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
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
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
31 Dec 20
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
Read 11 tweets

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