Thread by @Sexnotgender_

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

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

I also note the EHRC guidance on this:

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

equalityhumanrights.com/sites/default/… 4/27

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/… 5/27

You ask for the 'gender' of applicants with options:

Female
Male 6/27

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

legislation.gov.uk/ukpga/2010/15/… 7/27

Sex is the protected characteristic (as you listed) 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. 8/27

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

sexnotgender.info/gender-is-not-… 9/27

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. 10/27

You then say, "If you don’t identify as male or female, how would you describe your gender identity?" with options:

Gender Neutral
Intersex
Non binary or you choose to define your identity in another way
Transgender F to M
Transgender M to F 11/27

As female and male are the terms in the Act relating to the protected characteristic of sex, they are not identities. 'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not used or defined in the Act.

legislation.gov.uk/ukpga/2010/15/… 12/27

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 & you don't ask about this protected characteristic.

legislation.gov.uk/ukpga/2010/15/… 13/27

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

14/27

Intersex is not a 'gender identity' 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… 15/27

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. 16/27

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-… 17/27

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… 18/27

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 19/27

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. 20/27

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… 21/27

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… 22/27

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/… 23/27

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. 24/27

Nor is it clear how you can have had due regard to the other duties given the data you have collected and not collected. 25/27

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. 26/27

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

Please respond.

sexnotgender.info/list

@threadreaderapp unroll 27/27