Hi @scottishbktrust @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal opportunity and diversity monitoring form in your job application has 'gender' in a list of the protected characteristics under the Equality Act 2010.

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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 under the Act, but that is not on your list.

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You then ask for the 'gender' of the applicant with options:

Male
Female
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 - 'other' is not a valid option.

'Gender' is not a synonym for sex.

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You also ask, "Do you identify (or have ever identified) as transgender?"

'Transgender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act but there is a protected characteristic of 'gender reassignment'.

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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 (such as 'gender') 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.

https://www.sexnotgender.info/list 

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