Hi @uwebristol @vcuwe @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality &Diversity Monitoring section of yr job application has 'gender' & 'gender identity' in what appears to be a list of protected characteristics under the Equality Act 2010

1/16

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

https://t.co/qisFhCiV1u

2/16
Sex is the protected characteristic under the Act, but that is not on your list.

3/16
You then ask for the 'gender' of the application, saying, "This is your legal Gender" with options:

Female
Male
Unspecified.

4/16
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act. It is not clear what you mean by 'legal gender'.

https://t.co/qisFhCiV1u

5/16
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.

6/16
Under the heading 'Transgender' you say "Trans or transgender people are those who identify as someone with different gender [sic] from that in which they were born. Some may have gone through medical treatment and others may have decided not to."

7/16
'Gender' at birth is a meaningless concept: sex is observed and recorded and is immutable.

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

8/16
'Transgender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

There is a protected characteristic of 'gender reassignment', but it is defined in terms different to those you use here.

https://t.co/2o53ufahzA

9/16
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.

10/16
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

11/16
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.

12/16
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.

13/16
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

14/16
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.

15/16
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

16/16
@threadreaderapp unroll

More from sexnotgender.info

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 @OpenUniversity @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Form in your job application correctly has sex in a list of the protected characteristics under the Equality Act 2010.

However...

1/13


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

Male
Female
Unknown
Undisclosed
Others
Prefer not to say.

2/13

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

https://t.co/qisFhCiV1u

3/13


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 - your other terms are not valid or incoherent.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/13


You then ask "Is your gender the one you were assigned at birth?"

'Gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

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

5/13
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

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https://t.co/U3P3SrrkM1


SunGard Data Center

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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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