Hi @ICOnews @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The last time I looked at the 'Equal opportunities and recruitment monitoring' form in your job application that were using the service provided by @VacancyFiller,

1/15
...you asked for the 'gender' of applicants with an utterly bewildering array of options:

Male
Female
Transgender
Agender
Aporagender
Bigender
Demiboy
Demigirl
Genderfluid
Gender Neutral
Intergender
Non-Binary
Pangender. 2/15
I note you have changed the form since and now ask, "Are you Male or Female?" with options:

Male
Female
Prefer not to say

You also now ask the (optional) question, "Are you transgender?" with options:

Yes
No
Prefer not to say 3/15
Although you don't use the terms that are the protected characteristics (ie sex and gender reassignment) and the term 'transgender' is not used or defined in the Equality Act, this is a good step in the right direction and I thank you for making these changes. 4/15
In the text at the top of the section you list, "sex, race, nationality, ethnic origin, marital status, age, sexuality, religious belief or disability". 5/15
This is not quite a list of the protected characteristics & I suggest you look at amending it to align with the Act.

In particular, you have not listed gender reassignment and I suggest you change 'sexuality' to sexual orientation to match the protected characteristic. 6/15
I note you have just published a summary of responses to your call for views on employment practices:

ico.org.uk/about-the-ico/… 7/15
I note your responses to concerns raised about the collection of personal information gathered for regulatory obligations such as equality monitoring under the Equality Act and for other purposes outside regulatory obligations... 8/15
...and on the lawful basis for processing special category information.

I look forward to reading your further clarifications, case studies and further detailed guidance on these matters. 9/15
I hope that you will provide clarity on the difference between information gathered for equality monitoring purposes and information gathered for other purposes such as diversity and inclusion, 10/15
...neither of which should impede, overlap or replace obligations for equality monitoring under the Equality Act.

I also hope you will emphasise the need to ensure terms align with those used in the Act so that applicants are clear what information is being gathered. 11/15
I note what employment and discrimination Barrister Akua Reindorf said on this in her report for the University of Essex and in particular Recommendation 18:

cloisters.com/reindorf-revie… 12/15
I hope other organisations will take the lead from you now and update their equality monitoring forms, etc so they are lawfully collecting equality information and that any additional information they gather is lawfully processed. 13/15
That includes the EHRC who, although they ask for the sex of job applicants with the options of female and male, they also ask the nonsensical question of whether the 'gender at present' of the applicant is 'same as assigned at birth' or 'different to assigned at birth'. 14/15
Will you commit to contacting the @EHRC and help them correct this?

Please respond.

sexnotgender.info/list

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More from @Sexnotgender_

14 Jan
Hi @GoldsmithsLaw @GoldsmithsUoL @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality and Diversity' section of your job application says: "The data collected in this section allows us gain a more in depth understanding of our community so we can... 1/29 ImageImage
...provide support for those who may need it."

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… 2/29
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/29 Image
Read 29 tweets
14 Jan
Hi @CityWestminster @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equalities Statement' in your job application correctly lists sex and gender reassignment as protected characteristics. 1/27 Image
The 'Equalities Monitoring Information' section then asks about some of these protected characteristics. 2/27
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… 3/27
Read 27 tweets
12 Jan
Hi @StaffsUni @spatialityjones @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality of Opportunity' section of your job application says you 'need to monitor equality characteristics both for our own purposes and to comply with legal requirements'. 1/27
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… 2/27
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/27
Read 27 tweets
6 Jan
Hi @WhitHealth @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equal opportunities' section of your job application gives a partial list of the protected characteristics under the Equality Act 2010: 1/24
It's good to see you include the protected characteristic of sex.

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… 2/24
I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 3/24
Read 24 tweets
27 Dec 21
Hi @RCObsGyn @morris_ep @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

It's good to see the 'EQUAL OPPORTUNITIES MONITORING FORM' to join your Women’s Network asks for the sex of applicants with the correct two options of female and male...

rcog.org.uk/globalassets/d… 1/6
...but you then ask "Is the gender you identify with the same as your sex registered at birth?" 2/6
Can you say what you mean by that question, what personal information you are trying to gather and what you intend to do with it?

How is someone who doesn't have a gender they identify with supposed to answer ("I do not wish to disclose" would not be a suitable response)? 3/6
Read 6 tweets
20 Dec 21
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
Read 21 tweets

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