Thread by @Sexnotgender_

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

I note you used this job application form last August so it may not be current.

However...

rosauk.org/wp-content/upl…

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However, the 'Equal Opportunity Monitoring Information' section talks about your "commitment to equality, diversity and inclusion".

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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.

sexnotgender.info/equality-diver…

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I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/…

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You ask, "Sex: which of the following best describes your sex?" with options:

Male
Female
Prefer to self‐describe

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It's good to see you ask for the sex of applicants as sex is a protected characteristic under the Act. However, the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology.

legislation.gov.uk/ukpga/2010/15/…

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'Self-describe' is not a valid option for the protected characteristic of sex.

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You then ask, "Gender Identity: do you identify as transgender?"

'Gender identity' and 'transgender' are not protected characteristics under the Equality Act 2010 and are not used or defined in the Act.

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'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.

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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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In the disability section, you mention the Disability Discrimination Act. This was essentially repealed a decade ago by the Equality Act 2010.

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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.

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

gov.uk/personal-data-…

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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.

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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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