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 @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 @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 @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

More from Society

Imagine if Christians actually had to live according to their Bibles.


Imagine if Christians actually sacrificed themselves for the good of those they considered their enemies, with no thought of any recompense or reward, but only to honor the essential humanity of all people.

Imagine if Christians sold all their possessions and gave it to the poor.

Imagine if they relentlessly stood up for the widow, the orphan, and the foreigner.

Imagine if they worshipped a God whose response to political power was to reject it.

Or cancelled all debt owed them?

Imagine if the primary orientation of Christians was what others needed, not what they deserved.

Imagine Christians with no interest in protecting what they had.

Imagine Christians who made room for other beliefs, and honored the truths they found there.

Imagine Christians who saved their forgiveness and mercy for others, rather than saving it for themselves.

Whose empathy went first to the abused, not the abuser.

Who didn't see tax as theft; who didn't need to control distribution of public good to the deserving.

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