Hi @GalopUK @ehrc

The Equal Opportunities Monitoring Forms in your Application Packs for your Hate Crime Communication and Engagement Officer & your National LGBT+ Domestic Abuse Helpline Assistant Manager vacancies ask:...

http://www.galop.org.uk/recruiting-hate-crime-communication-and-engagement-officer/

http://www.galop.org.uk/recruiting-national-lgbt-domestic-abuse-helpline-assistant-manager/

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..."How would describe [sic] your gender?" and include the options, 'Woman', 'Man', 'Non-binary' and 'In another way'.

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

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Sex is the protected characteristic under the Act and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology.

See s.11 and s 212 of the Act:

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One form then asks, "Do you identity [sic] with the sex/gender you were assigned at birth?", with some additional text:

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Neither sex nor 'gender' is 'assigned' at birth: sex is observed and recorded and is immutable.

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The other form asks, "Do you identity [sic] as trans or someone with a trans history?"

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If you are trying to collect information on the protected characteristic of 'gender reassignment' under the Act, neither of these questions align with the definition in s.7(1) of the Act.

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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.

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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

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If you choose to discriminate on characteristics that are not protected dcharacteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

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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.1
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Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

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@threadreaderapp unroll