Thread by @Sexnotgender_

Hi @sussex_police @SussexPCC @KatyBourne @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Diversity Statement' in your job application has "gender, gender identity or gender expression" in what appears to be a list of the...

lumesse-engage.com/policejobssurr… 1/28

...protected characteristics under Equality Act 2010.

However, none of these terms is a protected characteristic under the Act. Your also have omitted sex from the list, which is a protected characteristic. 2/28

The 'Diversity Questionnaire' in the application itself says you collect the information "to provide anonymised data analysis in order to better understand diversity and representation within our workforce and our applicants". 3/28

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… 4/28

I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 5/28

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/… 6/28

Under the heading "Sex & Gender", you ask, "What is your sex?" with the options of:

Male
Female. 7/28

It's good to see you asking for this even though you have not listed it as a protected characteristic or one of the "backgrounds and communities" you'd "love to hear from" and even though you are confusingly asking about this under the heading of "Sex & Gender". 8/28

You then ask, "What best describes your gender identity?"

Male
Female
Non-binary
Prefer to self-describe 9/28

'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/… 10/28

Male and female are the two terms used in the Act for the protected characteristic of sex so using them as options for a different question can only be confusing. 11/28

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

'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/… 12/28

'Gender identity' at birth is a meaningless concept and 'gender identity' is not 'assigned' at birth: sex is observed and recorded and is immutable. 13/28

'Gender identity' 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. 14/28

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 nor have you included it in your list.

legislation.gov.uk/ukpga/2010/15/… 15/28

Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the UK GDPR by processing personal data without a lawful basis. 16/28

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-… 17/28

The EHRC state that information about a person's 'transgender status' is Special Category personal information under the UK GDPR. Sex is not, so conflating sex and 'gender' as you do may cause issues in processing the information lawfully.

equalityhumanrights.com/en/publication… 18/28

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. 19/28

You might also like to take note of what employment and discrimination Barrister Akua Reindorf said in her report for the University of Essex and in particular Recommendation 18:

cloisters.com/reindorf-revie… 20/28

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

I also note that Liz Truss has called for all government departments to withdraw from Stonewall’s 'Diversity Champions' scheme and that the EHRC and many other public bodies have announced they have already left:

thetimes.co.uk/article/a49372… 22/28

I would also suggest you read this report that highlights the risks and dangers (both reputational and legal) of relying on and processing inaccurate, misleading or downright wrong information about protected characteristics under the Equality Act.

sex-matters.org/posts/updates/… 23/28

Given these errors and your use of incorrect terms, it's not clear how you can meet your Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those who didn't provide their sex. 24/28

Nor is it clear how you can have had due regard to the other duties given the data you have collected and not collected. 25/28

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. 26/28

Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance? 27/28

I raised many of the same issues with you a year ago, but received no reponse. I would be grateful if you could respond this time:

https://twitter.com/zeno001/status/1291136320694374403

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