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

In the Equal Opportunities Monitoring section of your job application, you list sex as one of the protected characteristics under the Equality Act 2010.

However...

1/14

cc @wornoutmumhack

However, you then ask "How would you describe your gender?" 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.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/14
You then ask "Is your gender identity the same as the gender you were originally assigned at birth?"

5/14
'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

https://t.co/qisFhCiV1u

6/14
'Gender' relies on demeaning, regressive stereotypical notions of societal roles for the two sexes.

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

7/14
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.

8/14
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.

9/14
If you choose to discriminate on characteristics (such as 'gender' or 'gender identity') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

10/14
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.

11/14
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

12/14
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.

13/14
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

14/14
@threadreaderapp unroll

More from sexnotgender.info

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

The DIVERSITY INFORMATION section in yr job application mentions 'legal equality duties'. You then ask "What is your gender identity?" with options

Female
Male
Non-binary
Not-listed
Other

1/13


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

https://t.co/qisFhCiV1u

2/13


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 - 'non-binary' and 'other' are not valid options.

https://t.co/CEJ0gkr6nF

'Gender identity' is not a synonym for sex.

3/13


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

4/13


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

https://t.co/qisFhCiV1u

5/13
Hi @TowerHamletsNow @Alvius_ai @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Diversity section of your job application asks "Which gender do you identify as?" with options:

Male
Female
Other.

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 and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology and there is no 'other' way describe one's sex.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/11


You then ask "Is the gender you identify with the same as your sex registered at birth?"

Equating 'gender' or 'gender identity' with sex is meaningless and relies on demeaning, regressive stereotypical notions of societal roles for the two sexes. Sex is immutable.

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 @SussexUni @adamtickell @profsaulbecker @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunities monitoring form in your job application asks for the 'gender' of the applicant with options:

Male
Female
Other.

https://t.co/DbKgiLN5yG

1/10


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

https://t.co/qisFhCiV1u

2/10


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 - 'other' is not a valid option.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/10


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.

4/10

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.

5/10

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The Nashville Operation - A Battle in the War

A thread exploring the Nashville bombing in the context of the 2020 Digital War (via SolarWinds) against the United States perpetrated by our enemies, likely China, Iran and/or Russia.


SolarWinds Hack

A digital "Pearl Harbor" moment for the United States, whoever was responsible had access to the keys to the kingdom for months during 2020, including sensitive military infrastructure. This is war!

SunGard + SolarWinds

SolarWinds software company is owned by same company that owns SunGard, which essentially provides data center services. A secure place to host internet servers with redundant power and "big pipe" data connections.

https://t.co/U3P3SrrkM1


SunGard Data Center

In Nashville, around the corner from their "big pipe" connection, AT&T. Like any data center, highly secure. Only authorized personnel can enter, and even fewer can access the actual server rooms. Backup generators are available in case of power failure.


If the SunGard hardware was being used to "host" critical command and control software related to SolarWinds, the US powers would be very interested in gaining special access keys that are stored on the hard-drives of specific servers.

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1. @Pathik_Trader
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Share for the benefit of everyone.

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https://t.co/2aK1AZSC79 )

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