Hi @YorkStJohn @YSJJobsCareers @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Monitoring section in your job application mentions the protected characteristics under Equality Act 2010 & 'statutory reporting purposes'

However...

1/14

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

Male
Female.

2/14

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

https://t.co/qisFhCiV1u

3/14

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.

4/14

You then ask "Does your gender identity match your sex as registered at birth".

5/14

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

The Diversity details section of your job application has what appears to be a partial list of the protected characteristics under the Equality Act 2010. However, it has 'gender' but not sex.

1/10

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

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

https://t.co/qisFhCiV1u

2/10

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

Female
Male.

3/10

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

https://t.co/qisFhCiV1u

4/10

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.

5/10

Hi @EdinburghNapier @ProfAndreaNolan @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

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

Female
Male
Unspecified.

cc @dr_ciaran @BBCWomansHour

1/9

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

https://t.co/qisFhCiV1u

2/9

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.

3/9

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.

4/9

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 grounds.

5/9

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

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

Female
Male
Non Binary.

1/14

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

https://t.co/qisFhCiV1u

2/14

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.

3/14

'Gender' relies on demeaning, regressive stereotypical notions of societal roles for the two sexes.

4/14

'Non Binary' is not a protected characteristic under the Equality Act 2010, is not defined in the Act and is not part of the protected characteristic of sex.

5/14