Hi @scouts @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Diversity Monitoring' section of your job application for your 'Equity [sic], Diversity and Inclusion Executive' vacancy says you use the information 'to ensure our recruitment processes are... 1/21
...open to all sections of the community.'

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… 2/21
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/21
You ask for the 'Gender' of applicants with options:

Other 4/21
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 5/21
See also: ‘Gender’ is not a protected characteristic, admits EHRC

sexnotgender.info/gender-is-not-… 6/21
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. 'Other' is not a valid option.


'Gender' is not a synonym for sex. 7/21
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. 8/21
'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. 9/21
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. 10/21
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/… 11/21
I also note that your Data Protection Policy doesn't list 'gender' in the list of personal information you collect:

Data Protection Policy | Scouts

scouts.org.uk/about-us/polic… 12/21
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. 13/21
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-… 14/21
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… 15/21
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 16/21
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. 17/21
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… 18/21
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/… 19/21
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. 20/21
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.


@threadreaderapp unroll


• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with sexnotgender.info

sexnotgender.info Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @Sexnotgender_

8 Dec
Hi @CommissionerDA @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I see you changed your survey on Domestic Violence today.

Yesterday, it had a question, "17 What is your gender? We refer to gender as what you identify as ...

homeofficesurveys.homeoffice.gov.uk/s/DAC-Independ… 1/13
...rather than your biological sex." with options:

Non-binary 2/13
This was followed by question 18 on something you label as 'trans history'. 3/13
Read 13 tweets
7 Dec
Hi @Law_Commission @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note your announcement: Reforms to protect disabled and LGBT+ victims, criminalise extremist misogynist “incel” hate material, and safeguard free speech


cc @davidbarrett 1/6
And the article on this by @davidbarrett in the @DailyMailUK:

Warning over new law to tackle anti-trans slurs | Daily Mail Online

dailymail.co.uk/news/article-1… 2/6
Can you explain why, in the 'Equality and Diversity' section of your job application, you are still asking for the 'Gender' of applicants using the two options that are the two sexes as defined in the Equality Act 2010? 3/6 ImageImageImageImage
Read 6 tweets
3 Dec
Hi @brownlowcentral @CentralLpoolPCN @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

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...

beta.jobs.nhs.uk/candidate/joba… 1/24
...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.
Read 24 tweets
2 Dec
Hi @MidwivesRCM @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

I note your committment today to @millihill to ensuring "women are never erased":

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".

rcm.org.uk/media/5516/equ… 2/25
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… 3/25
Read 25 tweets
26 Nov
Hi @ADVANCEcharity @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

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
Read 26 tweets
25 Nov
Hi @TheGreenParty @carla_denyer @AdrianRamsay @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

Your jobs page says you pride yourself "on being an Equal Opportunity employer and particularly welcomes applications from those who identify...

greenparty.org.uk/jobs/ 1/22
...under one of the protected characteristics under the Equality Act 2010" and you (almost) correctly list the nine protected characteristics:

gender reassignment
religion or belief
sexual orientation
marriage and civil partnership
pregnancy 2/22
I note the EHRC guidance on gathering information of these protected characteristics:

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

equalityhumanrights.com/sites/default/… 3/22
Read 22 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!