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 @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 @BlackstoneChbrs @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality & Diversity Monitoring form in your job application asks for the 'gender' of the applicant with options:

Male
Female.

However...

https://t.co/Did1oeP6tH

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


'Gender' relies on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts that I'm sure you would not wish to be associated with.

4/9

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.

5/9
Hi @JesusCollegeCam @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The EQUAL OPPORTUNITIES MONITORING FORM in your job application correctly has sex in a list of protected characteristics under the Equality Act 2010

However...

https://t.co/rZk1bAiooU

1/11


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

Female
Male.

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 @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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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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