Thread by @Sexnotgender_

Hi @RapeCrisisEandW @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

Your 'Equality and Diversity Monitoring Form' says you collect the information so you can 'monitor and ensure our recruitment and selection processes are free from bias and discrimination'.

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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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I note you list 'gender identity' in what appears to be a list of the protected characteristics under the Equality Act 2010.

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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 under the Act, but that is not on your list.

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You then ask for the sex of the applicant with options:

Female
Male
Intersex

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It's good to see you ask for their sex even though you don't list it in the preamble but intersex is not a sex. The only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology.

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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', "Is your gender identity the same as the gender you were assigned at birth?"

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

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‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-…

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

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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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You might also like to take note of what employment and discrimination Barrister Akua Reindorf said in her report on the @uni_of_essex and in particular Recommendation 18:

cloisters.com/reindorf-revie…

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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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