Thread by @Sexnotgender_

Hi @EqualiTeach @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note you correctly list sex as a protected characteristic under the Equality Act 2010 in your 'Sample Equality, Diversity and Cohesion Policy' under 'Legal duties'.

equalitiesaward.co.uk/ideas-hub/samp…

1/19

I also note that you say your Equalities Award has "been designed to enable schools to fulfil their statutory duties to: Eliminate discrimination, advance equality of opportunity and foster good relations as set out in the Equality Act 2010"

equalitiesaward.co.uk/faqs

2/19

However, in the 'Equalities Monitoring Form' for your own vacancy for Sales and Communications Administrator, you ask "Please describe your gender" with options:

Man
Woman
Non-binary
Genderless

dropbox.com/s/zqgx37dg6flp…

equaliteach.co.uk/jobs/sales-and…

3/19

I assume the purpose of this form is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.

sexnotgender.info/equality-diver…

4/19

I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/…

5/19

As you are aware, 'Gender' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

6/19

See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-…

7/19

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.

8/19

Man and woman are the terms associated with the protected characteristic of sex in the Act.

'Non-binary' and 'Genderless' are not protected characteristics under the Equality Act 2010 and are not used or defined in the Act.

9/19

You then ask, "Is your gender identity the same as the one that you were assigned at birth?"

10/19

'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

11/19

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

12/19

'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.

13/19

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.

14/19

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-…

15/19

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

16/19

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.

17/19

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.

18/19

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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19/19