I note the text in the Monitoring Information/Compliance questions section of your job application:
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The purpose of this section is not clear: you talk about monitoring, compliance, inclusivity and diversity, but as it is a recruitment form, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating.
I note you also have a public sector equality duty to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act as well as the other duties of s.149 of the Act.
'Gender' and similar terms 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.
8/21
Sex is the protected characteristic under the Act, but that is not on your lists.
9/21
In your form, you then ask for the 'gender' of the applicant with options:
Female
Male
Non binary
Prefer to self describe.
10/21
'Gender' is not a protected characteristic under the Equality Act 2010 and is not 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.
'Non-binary' is also not a valid option and is not used or defined in the Act.
13/21
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.
14/21
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
15/21
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.
16/21
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.
17/21
Nor is it clear how you can have had due regard to the other duties given the data you have collected.
18/21
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.
19/21
I have raised similar issues previously but was told you believed your terminology was correct. I ask that you review this again.
It's good to see that you ask for the sex of the complainant as this is the protected characteristic under the Equality Act 2010 and forms part of your Public Sector Equality Duty.
However...
2/19
Sex is the protected characteristic but the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology and 'other' is not a valid option.
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.
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.
Equating 'gender identity' with sex is meaningless and relies 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.
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