Hi @SwanmoreCollege

The Equality Monitoring Form in your job application asks, under the heading 'Gender Identity', "How would you describe your gender identity?'...

http://swanmore-school.co.uk/general-information/vacancies/

cc @ChronicleSophie @hantschronicle @dailyecho @MeonValleyLNT

... with the options: 'Female', 'Male', 'Transgender (M - F)', 'Transgender (F - M)', 'Intersex', 'Gender neutral' and 'Non-binary or you choose to define your gender in another way'.

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

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.

'Transgender (M - F)', 'Transgender (F - M)', 'Intersex', 'Gender neutral' and 'Non-binary or you choose to define your gender in another way' and not valid options for sex.

Intersex is not a sex class and those with a Difference of Sex Development are still considered to be of the male or female sex class. It is generally considered derogatory to those with DSDs to consider them not to be male or female.

Asking about a personal characteristic such as 'gender identity' 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.

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.

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.

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

Please respond.

@threadreaderapp unroll