Authors Sexnotgender.info
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Hi @Census2021 @ons @IanDiamond11 @_datasmith @PhilippaBonay @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
The 'Diversity' section of your job application states you promote 'not discriminating under the Equality Act 2010'.
However...
1/11
However, you then ask for the 'Gender' of the applicant with options:
Man
Woman
Prefer to self describe.
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 & the only two possible options for sex are 'Female' &'Male' as defined in the Act & consistent with biology, but you don't ask for that. 'Self-describe' is not a valid option
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 'Diversity' section of your job application states you promote 'not discriminating under the Equality Act 2010'.
However...
1/11

However, you then ask for the 'Gender' of the applicant with options:
Man
Woman
Prefer to self describe.
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 & the only two possible options for sex are 'Female' &'Male' as defined in the Act & consistent with biology, but you don't ask for that. 'Self-describe' is not a valid option
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 @Argos_Online @ArgosCareers @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
Your job application mentions your statutory obligations under the Equality Act and correctly has sex in a list of the protected characteristics under the Act.
However...
1/10
However, you then ask "Please choose the option which best describes your gender identity" with options:
Male
Female
Transgender.
2/10
'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
https://t.co/qisFhCiV1u
3/10
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.
4/10
'Gender identity' 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.
Your job application mentions your statutory obligations under the Equality Act and correctly has sex in a list of the protected characteristics under the Act.
However...
1/10

However, you then ask "Please choose the option which best describes your gender identity" with options:
Male
Female
Transgender.
2/10
'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
https://t.co/qisFhCiV1u
3/10

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.
4/10

'Gender identity' 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.
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
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
Hi @NewportCouncil @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
The Equal Opportunities Monitoring in your job application asks for the 'gender' of the applicant and says "Please select either male or female based on your legal gender"...
1/16
...with options:
Female
Male.
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The term 'legal gender' is not used in the Act or defined in the Act.
https://t.co/qisFhCiV1u
2/16
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.
3/16
You then ask for the 'gender identity' of the applicant, saying "Gender identity is how you would describe your own gender; this could differ from your legal gender." with the same options of:
Female
Male.
4/16
'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The term 'legal gender' is not used in the Act or defined in the
The Equal Opportunities Monitoring in your job application asks for the 'gender' of the applicant and says "Please select either male or female based on your legal gender"...
1/16

...with options:
Female
Male.
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The term 'legal gender' is not used in the Act or defined in the Act.
https://t.co/qisFhCiV1u
2/16

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.
3/16

You then ask for the 'gender identity' of the applicant, saying "Gender identity is how you would describe your own gender; this could differ from your legal gender." with the same options of:
Female
Male.
4/16

'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
The term 'legal gender' is not used in the Act or defined in the
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
Hi @TaviAndPort @pauljthinks @paulburstow @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
I note the advert for a Consultant Child & Adolescent Psychiatrist for your Gender Identity Development Service
The Equal opportunities...
https://t.co/tCtFN6x2q8
1/11
The Equal opportunities section of the job application mentions the Equality Act 2010 four times and correctly lists sex as a protected characteristic.
However, you then ask, "Please indicate your gender" 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, but you don't ask for that.
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
I note the advert for a Consultant Child & Adolescent Psychiatrist for your Gender Identity Development Service
The Equal opportunities...
https://t.co/tCtFN6x2q8
1/11

The Equal opportunities section of the job application mentions the Equality Act 2010 four times and correctly lists sex as a protected characteristic.
However, you then ask, "Please indicate your gender" 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, but you don't ask for that.
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 @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
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

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
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
