Your job application form talks of 'Diversity and Inclusion' & says you use the information 'to track and report on our progress in attracting and hiring a diverse workforce'
1/18
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.
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.
Intersex is not a 'gender identity' and those with a Difference of Sex Development are still male or female. It is generally considered derogatory to those with DSDs to consider them not to be male or female.
8/18
The other terms you use are also not part of the protected characteristic of sex and are terms not used or defined in the Act:
Transgender Woman
Transgender Man
Non Binary.
9/18
There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.
Asking about a personal characteristic such as 'gender identity' 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.
11/18
The Government provides a handy list of the personal data an employer may hold about an employee without their permission that you might also find useful. 'Gender identity' does not appear on that list, but sex does.
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
13/18
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 characteristics.
14/18
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.
15/18
Nor is it clear how you can have had due regard to the other duties given the data you have collected.
16/18
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.
17/18
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
The 'Demographics Form' in your job application asks questions about a number of demographic factors including disability, religion or belief and sexual orientation.
The purpose of this form is not entirely clear but as it is a part of your job application process, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.
The Diversity monitoring form in your job application for Information Commissioner mentions your commitment to 'diversity' and your public sector equality duty.
The 'Equal Opportunities' section of your job application mentions the Equality Act 2010 but has 'gender or gender identity' in a list of the protected characteristics under the Act.
However...
1/16
However, 'gender' and 'gender identity' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.
I note the text in the 'Equal Opportunities' section of your job application mentions the Equality Act 2010 but the purpose of this section is not clear since...
1/23
... you talk about equal opportunities, diversity and monitoring.
But as it is a recruitment form, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating.
The Equality, Diversity and Inclusion/Diversity section of your job application talks about equality, diversity and inclusion and mentions the Equality Act 2010 but...
1/17
...but as it is a recruitment form, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating.