Hi @Tate @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Diversity Commitment' section of your job application says the information "will only be used to monitor Tate’s practices." 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
You ask, "What is your gender identity?" with options:

Man (including trans man)
Woman (including trans woman)
Other gender identity 4/20
'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/… 5/20
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.

legislation.gov.uk/ukpga/2010/15/… 6/20
'Gender' is not a synonym for sex.

Man and woman are the terms associated with the protected characteristic of sex in the Act. 7/20
See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-… 8/20
'Trans man' and 'trans woman' are not protected characteristics under the Equality Act 2010 and are not defined in the Act. 9/20
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/… 10/20
You then ask, "Is your gender identity the same as the gender you were originally assigned at birth?"

'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act. 11/20
'Gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

'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 any 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_

14 Aug
Hi @WeAreTheFSA @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

In your 'Women in Football Survey 2021' you say it is open "to women who follow either the men's or women's professional game"

surveymonkey.co.uk/r/women-at-the… 1/8 Image
You ask, "What is your gender?" with oprions:

Male
Female
Non-binary
Prefer not to say
I prefer to self-identify as... 2/8 Image
You don't say what you mean by 'gender' or why you ask this question but it's odd that you include the terms for the two sexes (female and male), but you don't ask participants to confirm they meet the essential requirement of your survey: that they are female. 3/8
Read 8 tweets
13 Aug
Hi @ImperialMed @NIHRresearch @LucyChappell2 @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

You are currently running a survey "What diseases can be diagnosed faster using the analysis of biological fluids or tissue samples..?"

imperial.eu.qualtrics.com/jfe/form/SV_42… 1/9
You state: "As recommended by the National Institute of Health Research, we collect the following equality and diversity information to ensure that we involve people from as many different backgrounds and age groups as possible in shaping and advising on our research".
2/9 Image
This links to this @NIHRresearch page:

nihr.ac.uk/documents/stre… 3/9 Image
Read 9 tweets
13 Aug
Hi @NatGuardianFTSU @CQCpressoffice @CQCProf @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Monitoring Information' sectio of the application for your Stakeholder Engagement Manager vacancy says the informatin will be used for 'monitoring purposes'.

#FTSU 1/22 Image
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… 2/22
I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/22 Image
Read 22 tweets
10 Aug
Hi @UKLabour @scottishlabour @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Equal Opportunities form' for your current vacancy for 'General Secretary - Scotland' says the information "will be used for statistical analysis,...

labour.org.uk/current-vacanc…
1/23
...including analysis in relation to diversity in recruitment practices, development opportunities, grading structures and geographical diversity."

labour.org.uk/wp-content/upl… 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
Read 23 tweets
1 Aug
Hi @ordnancesurvey @Workday @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Personal Data Statement' in your job application doesn't say why you collect the information. 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
Read 21 tweets
30 Jul
Hi @Place2Be @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk 

The 'Equal Opportunities' section of your job application says the information will be 'used solely for monitoring purposes, to support our focus on diversity'. 1/19
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… 2/19
I also note the @EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/19
Read 19 tweets

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