Thread by @Sexnotgender_

Hi @ICOnews @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity monitoring form in your job application for Information Commissioner mentions your commitment to 'diversity' and your public sector equality duty.

…blicappointments.cabinetoffice.gov.uk/appointment/in…

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It refers to the 'Equality Act 2012' but there is no such Act: it is the Equality Act 2010.

However, as it is a recruitment form, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating.

sexnotgender.info/equality-diver…

2/18

I note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

equalityhumanrights.com/sites/default/…

3/18

You also mention your 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.

legislation.gov.uk/ukpga/2010/15/…

4/18

You refer to 'gender' alongside characteristics that are protected characteristics under the Act.

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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/…

6/18

You ask, "What is your gender?" with options:

Male
Female
I self-identify as:

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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/…

8/18

Sex is the protected characteristic & the only two possible options for sex are 'Female' & 'Male' as defined in the Act & consistent with biology, but you don't ask for that. 'Self-identify' is not a valid option.

'Gender' is not a synonym for sex.

legislation.gov.uk/ukpga/2010/15/…

9/18

'Gender' and similar terms rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts with which I'm sure you would not wish to be associated and concepts that, if relied upon, might compromise your PSED.

10/18

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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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' does not appear on that list, but sex does.

gov.uk/personal-data-…

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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 characteristics.

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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.

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Nor is it clear how you can have had due regard to the other duties given the data you have collected.

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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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