Thread by @Sexnotgender_

Hi @TeachFirst @julia_cleverdon @russellhobby @wigdortz @damemarymarsh @julianneilebode @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note the 'Equal Opportunities Information' section of your job application talks about being 'committed to a fair hiring process'.

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

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You have the following help text for this field: "The sex of a person is determined at birth by one’s biology and becomes a social and legal fact from there on."

Sex is determined shortly after conception, not at birth and is observed at or before birth and then recorded.

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However, you then ask for the 'gender' of the applicant with options:

Female
Male
Non-binary / third gender
Prefer to self-describe

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'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act and 'male' and 'female' are the terms associated with the protected characteristic of sex in the Act.

legislation.gov.uk/ukpga/2010/15/…

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The terms 'Non-binary / third gender' are not used or defined in the Act.

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You have the following help text for this field: "Gender identity refers to a person's deeply felt individual experience of gender, which may or may not correspond with the sex assigned at birth, and includes the personal sense of the body and other expressions of gender"

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Sex is not 'assigned' at birth: sex is observed and recorded and is immutable.

cambridge.org/core/journals/…

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You then ask, "Do you identify as Transgender?"

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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It has this help text "Transgender persons include persons who have a gender identity which is different from the gender that was assigned to them at birth, and persons who wish to portray their gender identity in a different way from the gender assigned to them at birth"

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'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

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Below the form, you have 'gender, gender identity' in a list of the protected characteristics under the Act. These are not protected characteristics and are terms not used or defined in the Act.

Sex is a protected characteristic, but that's not on your list.

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'Gender', 'gender identity' 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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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 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 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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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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