Thread by @Sexnotgender_

Hi @uklabour @Keir_Starmer @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equal Opportunities Form' in your job application says the data is used for "statistical analysis, including analysis in relation to diversity in...

labour.org.uk/wp-content/upl… 1/23

...recruitment practices, development opportunities, grading structures and geographical diversity." 2/23

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… 3/23

I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 4/23

In what appears to be a list of protected characteristics under the Equality Act 2010, it's good to see you list sex as a protected characteristic. However, you also list 'gender identity'. 5/23

'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/… 6/23

You ask, "What best describes your gender identity?" with options:

Male
Female
Non- Binary
Other
Prefer to self-describe as... 7/23

Again, '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/… 8/23

Sex is the protected characteristic (as you listed) 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. 9/23

'Non-binary' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act and 'self-describe' is not a valid option for sex. 10/23

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

Yet again, 'gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act. 11/23

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. 12/23

Sex is not 'assigned' at birth: sex is observed and recorded and is immutable. 13/23

You ask, "Do you identify as intersex?"

Intersex is not an 'identity', but a term for a number of diverse medical conditions: Differences of Sex Development.

dsdfamilies.org/parents/what-d…

Intersex is not a protected characteristic. 14/23

You then ask, "Do you identify as trans?"

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/… 15/23

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. 16/23

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-… 17/23

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 18/23

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. 19/23

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… 20/23

As you are a Stonewall 'Diversity Champion', you might like to note what Reindorf also said about the relationship with @stonewalluk in Recommendation 28 of her report. You might also wish to consider the 'benefits and disbenefits' of your relationship with Stonewall. 21/23

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.
22/23

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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