Hi @VirginActiveUK @EHRC @EHRCChair @trussliz @GEOgovuk

In what appears to be the equality monitoring section of your job application form you ask for the 'gender' and the 'sex' of the applicant.

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Under 'gender' you give options 'Man', 'Woman', 'Non-binary', 'Transgender Man', 'Transgender Woman' and 'Gender Fluid'.

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Under sex, you give the opions 'Bisexual', 'Gay', 'Lesbian', 'Heterosexual' and 'Other'.

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

https://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/1

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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.

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'Non-binary', 'Transgender Man', 'Transgender Woman' and 'Gender Fluid' are not protected characteristics under the Equality Act 2010 and are not defined in the Act. They are not sexes.

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The options you provide when asking for the sex of the applicant are, in fact, sexual orientations, not sexes.

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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 characteristics 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.

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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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