CodyyyGardner Authors Sexnotgender.info
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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
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 @chelwestft @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
The Equal opportunities section in your job application mentions the Equality Act 2010 four times and correctly lists sex as a protected characteristic. However...
1/11
However, you then ask for the 'gender' of the applicant with options:
Male
Female.
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 and there is no way to self-describe one's sex.
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
The Equal opportunities section in your job application mentions the Equality Act 2010 four times and correctly lists sex as a protected characteristic. However...
1/11
However, you then ask for the 'gender' of the applicant with options:
Male
Female.
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 and there is no way to self-describe one's sex.
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 @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
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 @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
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
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