Thread by @Sexnotgender_

Hi @rcni @theRCN @NurseStandard @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

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

Male
Female
Transgender.

However...

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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/…

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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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

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You then ask three questions:

"Is your gender identity the same as the gender you were assigned at birth?"

"Do you live and work full time in the gender role opposite to that assigned at birth?"

"Do you feel able to discuss your gender identity
with colleagues at work?"

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'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/…

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'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

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'Gender identity' and 'gender roles' rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts that I'm sure you would not wish to be associated with and it is clearly something you actively challenge in nursing and midwifery.

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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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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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