https://t.co/qisFhCiV1u
2/9
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
https://t.co/qisFhCiV1u
2/9
https://t.co/CEJ0gkr6nF
'Gender' is not a synonym for sex.
3/9
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5/9
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8/9
Please respond.
https://t.co/RJAWJ1vJ6s
9/9
More from sexnotgender.info
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 @UHSFT @uhs_jobs @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
The Equal opportunities section of your job application mentions the Equality Act 2010 four times and lists sex as a protected characteristic twice.
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.
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 of your job application mentions the Equality Act 2010 four times and lists sex as a protected characteristic twice.
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.
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 @THTorguk @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
The equal opportunities section in your job application asks for the 'gender' of the applicant with options:
Female (including trans female)
Male (including trans male)
Non-binary
Other.
1/12
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
https://t.co/qisFhCiV1u
2/12
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. 'Other' is not a valid option.
https://t.co/CEJ0gkr6nF
'Gender' is not a synonym for sex.
3/12
'trans female', 'trans male' and 'Non-binary' are also not valid options are not used or defined in the Act.
4/12
You then ask "Is your gender the same as the gender you were assigned at birth?"
'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.
5/12
The equal opportunities section in your job application asks for the 'gender' of the applicant with options:
Female (including trans female)
Male (including trans male)
Non-binary
Other.
1/12
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
https://t.co/qisFhCiV1u
2/12
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. 'Other' is not a valid option.
https://t.co/CEJ0gkr6nF
'Gender' is not a synonym for sex.
3/12
'trans female', 'trans male' and 'Non-binary' are also not valid options are not used or defined in the Act.
4/12
You then ask "Is your gender the same as the gender you were assigned at birth?"
'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.
5/12
Hi @HomesEngland @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk
The Equal Opportunities section in your job application asks for the 'gender' of the applicant with options:
Female
Male
Non Binary.
1/14
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
https://t.co/qisFhCiV1u
2/14
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, but you don't ask for that.
https://t.co/CEJ0gkr6nF
'Gender' is not a synonym for sex.
3/14
'Gender' relies on demeaning, regressive stereotypical notions of societal roles for the two sexes.
4/14
'Non Binary' is not a protected characteristic under the Equality Act 2010, is not defined in the Act and is not part of the protected characteristic of sex.
5/14
The Equal Opportunities section in your job application asks for the 'gender' of the applicant with options:
Female
Male
Non Binary.
1/14
'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.
https://t.co/qisFhCiV1u
2/14
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, but you don't ask for that.
https://t.co/CEJ0gkr6nF
'Gender' is not a synonym for sex.
3/14
'Gender' relies on demeaning, regressive stereotypical notions of societal roles for the two sexes.
4/14
'Non Binary' is not a protected characteristic under the Equality Act 2010, is not defined in the Act and is not part of the protected characteristic of sex.
5/14
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
