Thread by @Sexnotgender_

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

The Equal Opportunities Form in your job application has 'gender' in a list of what appears to be the protected characteristics under the Equality Act 2010.

cc @macca808 @SundayTimesScot
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'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

Sex is the protected characteristic under the Act, but that is not on your list.

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You then ask "How would you describe your gender?" with options:

Female
Male.

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Again, '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, but you don't ask for that.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

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You then ask "Have you ever identified as a transgender person or trans person?"

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/…

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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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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.

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

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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?

Please respond.

sexnotgender.info/list

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Hi @lovewestlothian @OrkneyCouncil @ClacksCouncil @North_Ayrshire

Since you all use the same @myjobscotland forms as @WDCouncil, can you all respond to the issues I raised?

cc @macca808 @SundayTimesScot

@EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

Hi @myjobscotland

On your Equalities page, you have 'gender' and 'gender identity' in a list of the protected characteristics under the Equality Act.

myjobscotland.gov.uk/equalities

cc @macca808 @SundayTimesScot

@EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

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'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

Sex is the protected characteristic under the Act, but that is not on your list.

You then say that your Equal Opportunities monitoring were "developed with the support" of @ehrc and "follow what was used in 2011 census."

However, the @ehrc recommend collecting data on the protected characteristics under the Equality Act 2010 and 'gender' is not a protected characteristic.

legislation.gov.uk/ukpga/2010/15/…

The 2011 Census asked "What is your sex?" with options:

Male
Female.

It did not ask for 'gender'.

Can you explain these discrepancies?

Please respond.

sexnotgender.info/list

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