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Hi @THTorguk @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The equal opportunities section in your job application asks for the 'gender' of the applicant with options:

Female (including trans female)
Male (including trans male)
Non-binary
Other.

1/12


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

https://t.co/qisFhCiV1u

2/12


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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/12


'trans female', 'trans male' and 'Non-binary' are also not valid options are not used or defined in the Act.

4/12

You then ask "Is your gender the same as the gender you were assigned at birth?"

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

5/12
Hi @bmj_latest @bmj_company @trishgreenhalgh @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The EEO section of your job application has 'gender' in what appears to be a list of the protected characteristics under the Equality Act 2010.

1/11


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

https://t.co/qisFhCiV1u

2/11


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

'Gender' is not a synonym for sex.

3/11

You then ask for the 'gender' of the applicant with options:

Male
Female.

4/11

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

https://t.co/qisFhCiV1u

5/11
Hi @UHSFT @uhs_jobs @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities section of your job application mentions the Equality Act 2010 four times and lists sex as a protected characteristic twice.

However...

1/11


However, you then ask for the 'gender' of the applicant with options:

Male
Female.

2/11

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

https://t.co/qisFhCiV1u

3/11


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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

5/11
Hi @CotswoldOutdoor @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Questions section of your job application asks for the 'gender' of the applicant with options:

Male
Female
Transgender
Transsexual
Non-Binary

continued...

1/11


...
Non-Binary
Genderfluid
Agender
Bigender
Polygender
Neutrois
Gender Apathetic
Gender not listed.

2/11

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

https://t.co/qisFhCiV1u

3/11


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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


All the other terms you use, apart from the term 'transsexual', are not protected characteristics under the Equality Act 2010 and are not defined or used in the Act.

5/11
Hi @derbyspolice @DerbysPCC @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Ops Monitoring section in your job application asks for the 'Sex (Gender)' of the applicant with options:

Male
Female.

1/12


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

https://t.co/qisFhCiV1u

2/12


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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/12

You also ask about 'transgender'.

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

4/12


There is a protected characteristic of 'gender reassignment', but the term 'transgender' is not used or defined in the Act.

https://t.co/2o53ufahzA

5/12
Hi @NewportCouncil @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Monitoring in your job application asks for the 'gender' of the applicant and says "Please select either male or female based on your legal gender"...

1/16


...with options:

Female
Male.

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

The term 'legal gender' is not used in the Act or defined in the Act.

https://t.co/qisFhCiV1u

2/16


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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/16


You then ask for the 'gender identity' of the applicant, saying "Gender identity is how you would describe your own gender; this could differ from your legal gender." with the same options of:

Female
Male.

4/16


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

The term 'legal gender' is not used in the Act or defined in the
Hi @uwebristol @vcuwe @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality &Diversity Monitoring section of yr job application has 'gender' & 'gender identity' in what appears to be a list of protected characteristics under the Equality Act 2010

1/16


'Gender' and 'gender identity' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

https://t.co/qisFhCiV1u

2/16


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

3/16

You then ask for the 'gender' of the application, saying, "This is your legal Gender" with options:

Female
Male
Unspecified.

4/16

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act. It is not clear what you mean by 'legal gender'.

https://t.co/qisFhCiV1u

5/16
Hi @WDCouncil @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Form in your job application has 'gender' in a list of what appears to be the protected characteristics under the Equality Act 2010.

cc @macca808 @SundayTimesScot
1/13


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

https://t.co/qisFhCiV1u

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

2/13


You then ask "How would you describe your gender?" with options:

Female
Male.

3/13

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

https://t.co/qisFhCiV1u

4/13


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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

5/13