You say you use the 'Diversity monitoring' information in your job application "to monitor the inclusivity of our selection processes."
1/17
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.
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.
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.
Man and woman are the terms associated with the protected characteristic of sex in the Act but 'self-describe' is not a valid option.
8/17
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.
9/17
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.
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
11/17
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.
12/17
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:
Given these errors and your use of incorrect terms, it's not clear how you can meet your Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those who didn't provide their sex.
14/17
Nor is it clear how you can have had due regard to the other duties given the data you have collected.
15/17
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.
16/17
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
You don't say why you collect information in the 'About you' section of your job application, although you do say "COMMITTED TO EQUAL OPPORTUNITIES AND REPRESENTING THE DIVERSITY OF THE COMMUNITY WE SERVE"
1/20
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.
You say the information gathered in the 'EQUAL OPPORTUNITIES MONITORING FORM' in your job application is used to "review and report on the effectiveness of its equal opportunities policies".
1/20
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.
The 'Diversity Monitoring' in your job application talks about "recruiting a workforce that reflects the diverse communities that we serve".
1/25
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.
Your 'Equal Opportunities' section in your job application says you use the information 'to monitor the effectiveness of our recruitment campaigns'.
1/22
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.
Now that @trussliz has called for all government departments to withdraw from @stonewalluk’s 'Diversity Champions' scheme and after @EHRC announced it had already left, will you take this opportunity to review your equality...
... monitoring and all your equality policies, etc to ensure they accurately describe the Equality Act 2010 protected characteristics, particularly after what employment and discrimination Barrister Akua Reindorf said in her report?
I have highlighted many Government ministerial & non-ministerial departments on my website, mostly for using the term 'gender' instead of the protected characteristic of sex in their recruitment monitoring (October 2020):
Now that @trussliz has called for all government departments to withdraw from @stonewalluk’s 'Diversity Champions' scheme and after @EHRC announced it had already left, will you take this opportunity to review your equality...
... monitoring and all your equality policies, etc to ensure they accurately describe the Equality Act 2010 protected characteristics, particularly after what employment and discrimination Barrister Akua Reindorf said in her report?
I have highlighted many Government ministerial & non-ministerial departments on my website, mostly for using the term 'gender' instead of the protected characteristic of sex in their recruitment monitoring (October 2020):