Hi @RASASHighland @GgwenyG @EHRC @EHRCChair @RJHilsenrath @trussliz @GEOgovuk

Under the heading of 'Gender monitoring', the Equal Opportunities Monitoring Form in your job application asks, "Please describe your gender" ...

https://www.rasash.org.uk/admin/js/libs/tinymce/plugins/moxiemanager/data/files/EQUALO~1.DOC

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...with options:

Female (including male to female trans women)
Male (include female to male trans men)
Non binary (for example adrogyne people)

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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.

'Gender' is not a synonym for sex.

The other terms you use are not defined in the Act and are not used in the Act.

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You then ask, "Have you ever identified as a trans gender or trans person?"

There is a protected characteristic of 'gender reassignment', but the terms you use here are not used or defined in the Act.

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I note the job relies (rightly) on the single-sex exemption of Schedule 9, Paragraph 1 of the Equality Act 2010 that appointee be female.

https://www.rasash.org.uk/admin/js/libs/tinymce/plugins/moxiemanager/data/files/ADMINF~2.PDF

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It's difficult to see how that exemption can be properly and lawfully applied without an understanding of the difference between male and female, the difference between sex and 'gender' and an understanding of what 'transgender' means.

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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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