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
You then ask "Have you ever identified as a transgender person or trans person?"

There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.

https://t.co/2o53ufahzA

6/13
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.

7/13
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.

8/13
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.

9/13
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.

10/13
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

11/13
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.

12/13
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

https://t.co/RJAWJ1vJ6s

13/13
@threadreaderapp unroll

More from sexnotgender.info

Hi @Census2021 @ons @IanDiamond11 @_datasmith @PhilippaBonay @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The 'Diversity' section of your job application states you promote 'not discriminating under the Equality Act 2010'.

However...

1/11


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

Man
Woman
Prefer to self describe.

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 & the only two possible options for sex are 'Female' &'Male' as defined in the Act & consistent with biology, but you don't ask for that. 'Self-describe' is not a valid option

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 @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

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The chorus of this song uses the shlokas taken from Sundarkand of Ramayana.

It is a series of Sanskrit shlokas recited by Jambavant to Hanuman to remind Him of his true potential.

1. धीवर प्रसार शौर्य भरा: The brave persevering one, your bravery is taking you forward.


2. उतसारा स्थिरा घम्भीरा: The one who is leaping higher and higher, who is firm and stable and seriously determined.

3. ुग्रामा असामा शौर्या भावा: He is strong, and without an equal in the ability/mentality to fight

4. रौद्रमा नवा भीतिर्मा: His anger will cause new fears in his foes.

5.विजिटरीपुरु धीरधारा, कलोथरा शिखरा कठोरा: This is a complex expression seen only in Indic language poetry. The poet is stating that Shivudu is experiencing the intensity of climbing a tough peak, and likening

it to the feeling in a hard battle, when you see your enemy defeated, and blood flowing like a rivulet. This is classical Veera rasa.

6.कुलकु थारथिलीथा गम्भीरा, जाया विराट वीरा: His rough body itself is like a sharp weapon (because he is determined to win). Hail this complete

hero of the world.

7.विलयगागनथाला भिकारा, गरज्जद्धरा गारा: The hero is destructive in the air/sky as well (because he can leap at an enemy from a great height). He can defeat the enemy (simply) with his fearsome roar of war.