Thread by @Sexnotgender_

Hi @cabinetoffice @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

I note you are recruiting an EHRC Wales Commissioner and an EHRC Commissioner.

gov.uk/government/new… 1/22

Your 'Recruitment Monitoring Form' says: "The information you provide will help support us to ensure that our recruitment processes are fair to all and allow us to attract diverse and talented candidates" and... 2/22

..."Only be used by the Commissioner for Public Appointments and the Cabinet Office for statistical purposes."

forms.gle/7XkM2hiF9MWveH… 3/22

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.

sexnotgender.info/equality-diver… 4/22

I also note the @EHRC's own guidance on this:

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

equalityhumanrights.com/sites/default/… 5/22

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/… 6/22

Under the heading "Section A - Diversity questions", you ask, "What is your sex?" with options:

Male
Female
Prefer not to say
Other: 7/22

It's good to see that you ask for the sex of applicants and have the two options of female and male as defined in the Act and consistent with biology, but 'other' is not a valid option. 8/22

You then ask, "Is the gender you identify with the same as your sex registered at birth?" with the option of entering the applicant's 'gender identity'. 9/22

'Gender' and 'gender identity' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 10/22

Equating 'gender' 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. 11/22

See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-… 12/22

There is a protected characteristic of 'gender reassignment', but it is defined in the Act in terms different to those you use here and you don't ask about this protected characteristic.

legislation.gov.uk/ukpga/2010/15/… 13/22

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. 14/22

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-… 15/22

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. 16/22

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… 17/22

Given these errors and your use of incorrect terms, it's not clear how you can meet your PSED or how you have met it in the past given your data could have been corrupted by those who gave 'other' as their sex and incomplete by not asking about gender reassignment. 18/22

Nor is it clear how you can have had due regard to the other duties given the data you have collected and not collected. 19/22

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. 20/22

It's disappointing that these public appointments for @EHRC Commissioners have managed to get the equality monitoring questions so badly out of alignment with the Equality Act. 21/22

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 22/22