Thread by @Sexnotgender_

1/16 Hi @ScotHumanRights @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality Monitoring' form in your job application talks about 'not discriminating under the Equality Act 2010'.

scottishhumanrights.com/media/2183/rec…

2/16 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…

3/16 I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/…

4/16 It's good to see you ask for the sex of applicants with the only options in line with the Equality Act:

Male
Female.

5/16 However, you then ask, "Is your present gender the same as the one assigned at birth?"

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

legislation.gov.uk/ukpga/2010/15/…

6/16 'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

7/16 '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 and concepts that, if relied upon, might compromise your PSED.

8/16 There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.

legislation.gov.uk/ukpga/2010/15/…

9/16 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.

10/16 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-…

11/16 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.

12/16 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…

13/16 I also note that @trussliz has called for all government departments to withdraw from @Stonewalluk’s 'Diversity Champions' scheme and that the @ehrc has announced it had already left:

thetimes.co.uk/article/a49372…

14/16 You state, "This form is based on Equality and Human Rights Commission guidance."

Can you say what @EHRC guidance you are referring to?

15/16 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.

16/16 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

@threadreaderapp unroll