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.
'Non Binary Gender' is not a valid option for sex and the term is not used or defined in the Act.
4/10
You also mention 'The Disability Discrimination Act (1995)'.
The Disability Discrimination Act (1995) was repealed by the Equality Act 2010 over a decade ago.
5/10
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.
6/10
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.
7/10
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.
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?
Sex is the protected characteristic & the only 2 possible options for sex are 'Female' & 'Male' as defined in Act & consistent with biology, but you don't ask for that. 'Transgender' is not a valid option for sex.
A quite extraordinary statement from the statutory body that regulates nurses and midwives, the Nursing and Midwifery Council, @nmcnews, in their submission to the @Commonswomequ GRA inquiry:
There must be serious gaps in training if they think that babies are 'assigned' a sex at birth as if it was in some way an arbitrary or capricious choice made by many their registrants and which they might get wrong.
2/4
Equating 'gender identity' with sex is meaningless and relies on demeaning, regressive stereotypical notions of societal roles for the two sexes; concepts that a regulator of nurses should not wish to be associated with.
3/4
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.
The EQUAL OPPORTUNITIES MONITORING section in your job application asks for the 'Gender' of the applicant with options
Female
Male
Transgender Female
Transgender Male
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.
The Equal Opportunities Monitoring in your job application asks for the 'gender' of the applicant and says "Please select either male or female based on your legal gender"...
1/16
...with options:
Female
Male.
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The term 'legal gender' is not used in the Act or defined in the Act.
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.
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. 'Other' is not a valid option.