Thread by @Sexnotgender_

Hi @Cam_Assessment @ocrexams @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note your proposal reported in @thetimes by @nicolawoolcock:

‘Women in literature’ topic may be erased as exam boards order diversity shake-up | News | The Times

thetimes.co.uk/article/f12003…

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I also note your comments about not discriminating in the 'Equal Opportunity Information' section of your job application:

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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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In your list of protected characteristics under the Equality Act 2010, you say "regardless of our [sic] sex (including gender reassignment)"

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Sex and gender reassignment are both protected characteristics under the Act but they are entirely separate: sex in no way includes gender reassignment. They are standalone protected characteristics.

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You then ask for the 'Gender identity' of the applicant with options:

Female
Male
Non-Binary
Self-describe as

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'Gender identity' 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. 'Self-describe' is not a valid option.

legislation.gov.uk/ukpga/2010/15/…

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'Non-Binary' is not a sex class and is not used or defined in the Act.

'Gender identity' is not a synonym for sex.

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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 identity' 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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