Thread by @Sexnotgender_

Hi @StaffsPolice @StaffsPFCC @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equal Opportunities' section of your job application states that information provided is used for 'monitoring purposes only'. 1/26

Hi @StaffsPolice @StaffsPoliceCC @StaffsPFCC @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'EQUAL OPPORTUNITIES:' section of your job application for Inspector says you are an "an equal opportunities employer" and are "determined...

careers.staffordshire.police.uk/inspector/ 1/38

...to ensure that:... No job applicant or employee is treated more or less favorably [sic] on the grounds of gender, sexual orientation, age, marital status, race, colour, nationality, ethnic or national origins, disability, creed or religion."

careers.staffordshire.police.uk/media/1400/ins… 2/38

The 'Equal Opportunities' section of another job application for "Civil Contingencies Officer (CCO)" mentions the Equality Act 2010 and says you are "an equal opportunities employer and is determined to meet its obligations under the Equality Act 2010...We are eager to... 3/38

...ensure that Job applicants and employees are treated fairly and no more or less favourably based on their protected characteristic(s), such as; age, disability, gender reassignment, marital status, pregnancy and maternity, ethnicity, religion or belief, sex and sexual… 4/38

…orientation."

staffordshirepolice.tal.net/vx/mobile-0/ap… 5/38

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, which is not the same as 'diversity monitoring' or 'inclusivity':

sexnotgender.info/equality-diver… 6/38

I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 7/38

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/… 8/38

These two lists of characteristics are different: the second is a list of the protected characteristics under the Equality Act but the first is not. 9/38

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 10/38

Sex is the protected characteristic under the Act, but that is not on your first list.

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

sexnotgender.info/gender-is-not-… 11/38

The first form asks for the 'gender' of the applicant with freeform input. The second asks for 'gender' with options:

Intersex
Male
Female
Other 12/38

Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 13/38

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/…

'Gender' is not a synonym for sex. 'Other' is not a valid option. 14/38

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

sexnotgender.info/gender-is-not-… 15/38

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.

What is DSD? dsdfamilies.org/parents/what-d… 16/38

As female and male are the terms in the Act relating to the protected characteristic of sex, using them for some other question can only be confusing and could lead to gathering inconsistent and contradictory data. 17/38

'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 and concepts that, if relied upon, might compromise your PSED. 18/38

I also note that the EHRC, in their own recruitment equality monitoring, ask for the sex of applicants with options of female and male. This would appear to be a good model to follow. 19/38

Your first form asks, "Is your gender identity the same as the gender you were assigned at birth?"

'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act. 20/38

'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable. 21/38

You may like to note that EHRC recently told BBC journalists Stephen Nolan & David Thompson that the term ‘gender identity’ was NOT interchangeable with ‘gender reassignment’ in relation to the protected characteristics in the Equality Act.

https://twitter.com/dt_ni/status/1459550054658756608

22/38

I note that in the question on disability you refer to the definition given in the Equality Act 2010 so it's surprising you didn't also refer to the Act for the definitions and options for sex or gender reassignment. 23/38

I also note that despite listing disability as a protected characteristic in you first form, you don't ask the applicant whether or not they have a disability. 24/38

There is a protected characteristic of 'gender reassignment' (as you had on one of your lists), 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/… 25/38

If you don't collect data on the Equality Act's protected characteristic of gender reassignment you cannot know that you are not discriminating against those with that protected characteristic. 26/38

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 - and potentially Special Category - data without a lawful basis. 27/38

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-… 28/38

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… 29/38

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. 30/38

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. 31/38

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… 32/38

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/… 33/38

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. 34/38

Nor is it clear how you can have had due regard to the other duties given the data you have collected and not collected. 35/38

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. 36/38

As you can see above, I raised similar points with you last November but you did not respond then and have not updated your forms. 37/38

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

Please respond this time.

sexnotgender.info/list

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