Thread by @Sexnotgender_

Hi @NYorksPolice @northyorkspfcc @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality & Diversity Monitoring' section in your job application says, "With your help we can build data that accurately reflects recruitment diversity...

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...and shapes the future planning of our diversity, equality and inclusion work."

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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 also have a public sector equality duty to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act as well as the other duties of s.149 of the Act.

legislation.gov.uk/ukpga/2010/15/…

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You ask, "Sex - Which of the following best describes your sex?" with options:

Female
Male
Intersex
Prefer to self describe.

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Sex is a protected characteristic under the Act but the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology - 'self describe' is not a valid option.

legislation.gov.uk/ukpga/2010/15/…

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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, "Gender Identity - Which of the following describes how you think of yourself?" with options:

Female
Male
Prefer to self describe.

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

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

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Equating 'gender identity' with sex is meaningless and relies 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 and concepts that, if relied upon, might compromise your PSED.

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

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Asking about a personal characteristic such as 'gender identity' 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 to discriminate on characteristics (such as 'gender identity') 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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