Hi @chwaraeteg @ehrc

I note you strive for 'A fairer Wales where women achieve and prosper'.

The Equal Opportunities/Diversity Monitoring Form in your job application asks "What best describes your gender?" and include options 'Male', 'Female' & 'Prefer to self-describe'

1/10

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

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 - 'self describe' is not a valid option.

3/10

You then ask, "Is your gender identity the same sex you were assigned at birth?"

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

4/10

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

5/10

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.

6/10

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.

7/10

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

8/10

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.

9/10

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

Please respond.

10/10

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