Thread by @Sexnotgender_

Hi @savechildrenuk @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality & Diversity Monitoring' section of your job application says: 'determined to meet aims & commitments in our diversity & equal opportunities policy... in line with the Equality Act 2010.

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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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However, you ask, under the heading of 'Gender', "What best describes your gender?" with options:

Intersex
Man
Non-binary
Woman
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.

legislation.gov.uk/ukpga/2010/15/…

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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.

legislation.gov.uk/ukpga/2010/15/…

'Gender' is not a synonym for sex.

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

'Non-binary' is not a valid option for the protected characteristic sex and is not a term defined or used in the Act.

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Intersex is not a sex class and those with a Difference of Sex Development are still considered to be of the male or female sex class. It is generally considered derogatory to those with DSDs to consider them not to be male or female.

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You then ask, under the heading of 'Gender Identity', "Do you identify as trans?".

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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'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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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 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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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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