Hi @metrolandc @lboc2020 @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Form in your job application asks "What is your gender?"
Female
Male
Non Binary
Trans Female
Trans Male
Other (I self-identify as...)

surveymonkey.co.uk/r/KF8HK3M

1/9
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/9
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.

3/9
'Non Binary', 'Trans Female', 'Trans Male' and 'Other' are not valid options for the protected characteristic of sex.

4/9
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.

5/9
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.

6/9
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.

7/9
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.

8/9
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

9/9

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More from @Sexnotgender_

4 Feb
Hi @britishlibrary @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities section in your job application asks "Which of the following describes how you define your gender?" with options:

Female
In Another Way
male.

However...

1/8
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/8
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.

3/8
Read 9 tweets
4 Feb
Hi @northantspolice @northantsopfcc @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The 'Diversity Survey' in your job application states:

"Our company does not discriminate on the basis of gender identity."

However...

1/17
'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/…

2/17
If you choose to discriminate on characteristics (such as 'gender identity') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

3/17
Read 18 tweets
4 Feb
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...

1/13
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/13
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.

3/13
Read 14 tweets
3 Feb
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:

committees.parliament.uk/writtenevidenc…

1/4
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
Read 5 tweets
1 Feb
Hi @YodelOnline @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

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

Female
Male
Non Binary Gender.

However...

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, but you don't ask for that.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

3/10
Read 11 tweets
30 Jan
Hi @BlackstoneChbrs @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality & Diversity Monitoring form in your job application asks for the 'gender' of the applicant with options:

Male
Female.

However...

blackstonechambers.com/documents/644/…

1/9
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

2/9
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.

3/9
Read 10 tweets

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