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
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.

6/13
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.

7/13
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.

8/13
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.

9/13
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

10/13
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.

11/13
You might also want to look at the options you provide for the question on the sexual orientation of the applicant:

Towards people of a different sex
Towards men of the same sex
Towards women of the same sex
Towards people of both sexes

12/13
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

13/13
@threadreaderapp unroll

More from sexnotgender.info

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
Hi @EdinburghNapier @ProfAndreaNolan @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
Unspecified.

cc @dr_ciaran @BBCWomansHour

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


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.

4/9

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.

5/9
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


'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

More from Society

Tomorrow, January 6th, MAGA chuds, Proud Boys, and white supremacists are planned to descend on Washington D.C. to contest the election. Among them will be NSC-131, a New England based neo-Nazi organization. Let's welcome them by saying hi to one of their members, Eddie Stuart!


Edward Stuart, from Chester, New Hampshire, has been a member of Nationalist Social Club (NSC) since the very beginning and is a staple participant in their actions. He is known in NSC chats as "Carl Jung" and is well connected in the New England Nazi scene.
2/


NSC-131 is a neo-Nazi group that was started in Massachusetts in early 2020 by Chris Hood. You can learn more about NSC and it's members in these threads:


Eddie describes his ideology as "Esoteric Hitlerism" which is an occult form of Nazism that literally worships Adolf Hitler as a god, or, specifically, as an incarnation of the Hindu God Vishnu. Here is Ed holding the RigVeda with some of his occult Nazi pals. Interesting Ed!
4/


Much of this ideological insight was gained from Eddie's Twitter, where he originally used his "Carl Jung" persona and reposts explicit neo-fascist content and racist memes. In one edited picture, Eddie can be seen at an NSC event in late June 2020 holding a Nazi Sonnenrad flag
5

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🌿𝑻𝒉𝒆 𝒔𝒕𝒐𝒓𝒚 𝒐𝒇 𝒂 𝑺𝒕𝒂𝒓 : 𝑫𝒉𝒓𝒖𝒗𝒂 & 𝑽𝒊𝒔𝒉𝒏𝒖

Once upon a time there was a Raja named Uttānapāda born of Svayambhuva Manu,1st man on earth.He had 2 beautiful wives - Suniti & Suruchi & two sons were born of them Dhruva & Uttama respectively.
#talesofkrishna https://t.co/E85MTPkF9W


Now Suniti was the daughter of a tribal chief while Suruchi was the daughter of a rich king. Hence Suruchi was always favored the most by Raja while Suniti was ignored. But while Suniti was gentle & kind hearted by nature Suruchi was venomous inside.
#KrishnaLeela


The story is of a time when ideally the eldest son of the king becomes the heir to the throne. Hence the sinhasan of the Raja belonged to Dhruva.This is why Suruchi who was the 2nd wife nourished poison in her heart for Dhruva as she knew her son will never get the throne.


One day when Dhruva was just 5 years old he went on to sit on his father's lap. Suruchi, the jealous queen, got enraged and shoved him away from Raja as she never wanted Raja to shower Dhruva with his fatherly affection.


Dhruva protested questioning his step mother "why can't i sit on my own father's lap?" A furious Suruchi berated him saying "only God can allow him that privilege. Go ask him"