Hi @neunion @EHRC @EHRCChair @KishwerFalkner @trussliz @GEOgovuk

The 'Equality and Diversity Employment Monitoring' section of your job application talks about 'not discriminating under the Equality Act 2010' and ensuring you meet your obligations.

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As it is a part of your job application process, I assume its purpose is to help you to ensure that you are recruiting without unlawfully discriminating under the Equality Act 2010.

https://www.sexnotgender.info/equality-diversity-inclusion/

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I also note the @EHRC guidance on this:

Good equality practice for employers: equality policies, equality training and monitoring

https://www.equalityhumanrights.com/sites/default/files/good_equality_practice_for_employers_equality_policies_equality_training_and_monitoring.pdf

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You ask for the 'Gender and Gender Identity' of applicants with options:

Male
Female
Intersex
Trans (Male to Female)
Trans (Female to Male)
Other

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'Gender' and 'gender identity' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

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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, but you don't ask for that. 'Other' is not a valid option.

https://www.legislation.gov.uk/ukpga/2010/15/section/11

'Gender' is not a synonym for sex.

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'Trans (Male to Female)' and 'Trans (Female to Male)' are not sex classes and are also not valid options for the protected characteristic of sex.

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

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'Gender' and similar terms rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts with which I'm sure you would not wish to be associated.

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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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The Government provides a list of the personal data an employer may hold about an employee without their permission that you might also find useful. 'Gender' does not appear on that list, but sex does.

https://www.gov.uk/personal-data-my-employer-can-keep-about-me

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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 characteristics.

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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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