sexnotgender.info Profile picture
Jun 21, 2021 20 tweets 9 min read Read on X
Hi @vagina_museum @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality and diversity monitoring form' in your job application says you use the information given 'for monitoring purposes only'. 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.

sexnotgender.info/equality-diver… 2/20
I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/20
It's good to see that you list sex as a protected characteristic.

However, you then ask "What is your gender?" with options:

Woman
Man
Non-binary
Intersex
Other 4/20
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 5/20
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. 6/20
Man and woman are the terms associated with the protected characteristic of sex in the Act.

'Non-binary' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

'Other' is not a valid option' 7/20
Intersex is not a 'gender' and those with a Difference of Sex Development are still male or female. It is generally considered derogatory to those with DSDs to consider them not to be male or female. 8/20
See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-… 9/20
You then ask, "Do you identify as transgender?".

'Transgender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act. 10/20
There is a protected characteristic of 'gender reassignment', but it is defined in the Act in terms different to those you use here.

legislation.gov.uk/ukpga/2010/15/… 11/20
'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. 12/20
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. 13/20
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-… 14/20
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 15/20
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. 16/20
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… 17/20
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 a relationship with Stonewall. 18/20
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. 19/20
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

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More from @Sexnotgender_

Aug 20
@EnglishHeritage @StoatlyL Hi @EnglishHeritage @morganlaw

The 'Equality & Diversity Monitoring Form' in your job application says you "try to help our clients meet their aims and commitments not to discriminate".

1/19 morgan-law.com/wp-content/upl…
Image
@EnglishHeritage @StoatlyL @MorganLaw As it is a part of your recruitment process, I assume its purpose is to help you ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010, which is not the same as 'diversity monitoring' or 'inclusion':

2/19 sexnotgender.info/equality-diver…
Image
@EnglishHeritage @StoatlyL @MorganLaw I also note the EHRC guidance on this:

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

3/19 equalityhumanrights.com/sites/default/…
Image
Read 19 tweets
Aug 12
Hi @voscur

In your advert for 'Female* Volunteer Drivers' positions, you state:

"*Due to the specific requirements of this role, this post is exempt under the Equality Act (2010), part 1, schedule 9 (Genuine Occupational Requirement)"

1/6 voscur.org/jobs/106957
Image
@voscur I note the job involves working with "survivors of domestic abuse, sexual abuse" and 'gender' [sic] based violence. 2/6
@voscur You then state:

"All women (cis and trans may apply)"

'Cis' is considered a derogatory term by many and I note you make no mention of any requirement relating to Gender Recognition Certificates. 3/6 Image
Read 6 tweets
Aug 1
@TheBMA @DrPhilBanfield Hi @DrPhilBanfield @TheBMA

The 'Diversity & Inclusion Monitoring' section in your job ads states you do "not condone discrimination on the basis of" a number of characteristics. 1/24 Image
@TheBMA @DrPhilBanfield As it is a part of your recruitment process, I assume its purpose is to help you ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010, which is not the same as 'diversity monitoring' or 'inclusion':

2/24 sexnotgender.info/equality-diver…
Image
@TheBMA @DrPhilBanfield I also note the EHRC guidance on this:

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

3/24 equalityhumanrights.com/sites/default/…
Image
Read 24 tweets
Apr 30
@CPSUK Hi @CPSUK @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch

In the 'Diversity monitoring' section of your application for this role, you ask the mandatory question: "Your gender", with options:

Man
Woman
Prefer to self-describe
Prefer not to disclose 1/6 Image
@CPSUK @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch You will be well aware that 'Gender' is not a protected characteristic under the Equality Act 2010.

2/6 gov.uk/government/pub…
Image
@CPSUK @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch You will also be aware that Woman and Man are the terms in the Act relating to the protected characteristic of sex, so using them for some other question can only be confusing and could lead to gathering inconsistent and contradictory data. 3/6

Image
Image
Image
Read 6 tweets
Apr 23
@Baroness_Nichol Hi @ofcom @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch

The 'Diversity Monitoring' section of your job application says you are "committed to equality of opportunity regardless of..." followed by a list of characteristics.

cc @Baroness_Nicholson 1/31 Image
@Baroness_Nichol @Ofcom @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch As it is a part of your recruitment process, I assume its purpose is to help you ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010, which is not the same as 'diversity monitoring' or 'inclusion':

2/31 sexnotgender.info/equality-diver…
Image
@Baroness_Nichol @Ofcom @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch I also note the EHRC guidance on this:

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

3/31 equalityhumanrights.com/sites/default/…
Image
Read 31 tweets
Apr 16
@AFNCCF Hi @AFNCCF @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch

Your 'Equality & Diversity Monitoring Form' says you don't discriminate directly or indirectly on the protected characteristics of the Equality Act 2010. 1/23 Image
@AFNCCF @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch It's good to see you correctly list sex as one of those protected characteristics. 2/23 Image
@AFNCCF @EHRC @EHRCChair @KishwerFalkner @KemiBadenoch As it is a part of your recruitment process, I assume the purpose of the form is to help you ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010, which is not the same as 'diversity monitoring' or 'inclusion':

3/23 sexnotgender.info/equality-diver…
Image
Read 23 tweets

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