Your job advert says you are "committed to equality and diversity, and we strive for our workforce to be representative and inclusive of the complex and...
...diverse community, which we are proud to serve." [sic]
You then say, "we actively encourage individuals who self-identify as having protected characteristics..." and that you are "particularly keen to encourage applications from: women and gender minorities;" 2/24
The 'Equality and diversity monitoring' section of your application form says "There are protected characteristics set out by the Equality Act 2010." You then list "gender and gender reassignment".
Gender reassignment is a protected characteristic but 'gender' is not.
3/24
Additionally, you have not listed the protected characteristic of sex. There are several other errors in your list, including the omission of the protected characteristic of disability. 4/24
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.
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.
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. 10/24
See also: ‘Gender’ is not a protected characteristic, admits EHRC
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. 12/24
You then ask, "Is your gender the same as that assigned at birth?"
Again, 'gender' is not a protected characteristic.
'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable. 13/24
'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. 14/24
There is a protected characteristic of 'gender reassignment' (as you listed), but it is defined in the Act in terms different to those you use here and you don't ask about this protected characteristic.
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. 16/24
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.
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.
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 19/24
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. 20/24
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:
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.
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. 23/24
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?
I also note you are a Stonewall 'Diversity Champion'. 1/25
The 'equality monitoring form' in your job application says you use the information "on several characteristics relating to equality and diversity" to "ensure effective implementation of our commitment to equal opportunities".
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.
I note your vacancy for 'Brent and CouRAGEus Manager' (VAWG TEAM MANAGER) is "open to female applicants only as being female is deemed to be a genuine occupational...
...requirement under Schedule 9, Paragraph 1 of the Equality Act 2010."
I note your application form does not ask for the sex of applicants but asks, "Do you meet this Occupational requirement?" Can you say why you don't simply ask applicants to state their sex? 2/26
You have a section of the form that says you are "committed to encouraging diversity and inclusion and eliminating discrimination" and you reiterate that applicants must be female. 3/26
In your job application, you don't say why you collect "Diversity Details" from applicants. 1/20
As it is a part of your job application process, I assume that - despite its title - its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.
I note your 'Equal Opportunities Monitoring Form' says you are "an equal opportunities employer" & that you use the information "to measure the effectiveness of our procedures"
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.
The 'Equal opportunities & diversity Monitoring form' in your job application says "We want to ensure that our recruitment & selection process are fair & equal"
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.