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Feminism: Sex and gender discussions

Job application not asking for sex, but asking if cis or trans

106 replies

JobHuntingPerson · 12/08/2020 19:52

In the middle of applying for a job online, got to the equality and diversity section, all the usual questions about sexuality, religion ethnicity. I know a lot of people hate answering those questions but I think they can be important for companies to monitor their inclusivity.

Anyway, there was no sex question, it did not ask if I'm male or female. Instead there was a gender identity question, asking if I'm Agender, Cisgender, Trans, Queer, Intersex, Non -binary or prefer another term.

So basically, if or when the company does an equality review they will have no idea how many women they employ, no idea how to monitor or prevent any sexist culture growing in the workplace that makes life harder for female employees- or means we never get employed by them in the first place.

Has anyone else who's job seeking at the moment, or working in HR, seen anything like this. Is it becoming the norm?

I found it quite off-putting and don't know how to answer the question.

Job application not asking for sex, but asking if cis or trans
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Chicchicchicchiclana · 14/08/2020 18:55

I just tried to register with some NHS thing so that I can make online appointments with my GP surgery. I think it's called "Patient Access". After name, address, email, dob, all the usual stuff I was asked for my "Gender". This box was optional so obviously I ignored it. But I would have thought the NHS at the very least should know the SEX of their patients!!

SerendipityJane · 14/08/2020 18:51

We had a diversity survey at work recently which asked for our 'gender', which had the options of male, female, and a whole host of others.

I'm sure there are plenty of kids you know that love scrap paper for colouring in.

Byllis · 14/08/2020 18:35

I wondered about the non-multiple choice aspect too. I imagine many people selectively a gender, nb, etc. will also identify as queer.

pollyenta · 14/08/2020 18:21

We had a diversity survey at work recently which asked for our 'gender', which had the options of male, female, and a whole host of others.

I was tempted to point out it didn't provide info on either of the protected characterstics of sex or gender reassignment, but I couldn't be arsed. I didn't bother filling in the survey since the only bit I was particularly interested in knowing was the sex distribution of people there!

CharlieParley · 14/08/2020 17:19

^be achieved by

CharlieParley · 14/08/2020 17:18

And the cynic in me wonders if those future forcasters thought that'd probably achieved by abolishing motherhood.

SerendipityJane · 14/08/2020 17:02

@CharlieParley

Or do said statistics show a decrease in discrimination year on year ? And when do we reach zero ?

I recently saw an estimate that if progress proceeds at the same rate as now, the motherhood penalty (as the "pay gap" should be called) will be abolished in just 200 short years.

The cynic in me thinks that's probably too soon for some.
CharlieParley · 14/08/2020 17:00

Or do said statistics show a decrease in discrimination year on year ? And when do we reach zero ?

I recently saw an estimate that if progress proceeds at the same rate as now, the motherhood penalty (as the "pay gap" should be called) will be abolished in just 200 short years.

bellinisurge · 14/08/2020 16:54

That way they can keep the glass ceiling and pretend that they are inclusive.

SerendipityJane · 14/08/2020 16:50

In contrast, over the last few decades, the collection of comprehensive and complete workforce statistics has allowed us to see whether and where discrimination based on certain characteristics of an employee happens.

And then ignored.

Or do said statistics show a decrease in discrimination year on year ? And when do we reach zero ?

rosiethehen · 14/08/2020 16:47

Omfg, they can't ask somebody if they're intersex. Wtf are they thinking?

CharlieParley · 14/08/2020 16:41

Why do you keep asserting than an optional counting of anything has any affect on discrimination?

I didn't say anything of the kind. In fact, I explicitly said that a tickbox exercise like the OP's potential employer's form is of limited value.

Please explain the reason counting the number of anything is effective at stopping discrimination? Fascinated to find out. You seem very sure.

Again, that is not what I said. Just as counting crime does nothing at all to stop crime, collecting data about your workforce does nothing at all to stop discrimination.

Before you can address discrimination, you must show it happens. In order to show that (or find out whether) discrimination happens in a workplace, you need information about its workforce. That information is then categorized and analysed.

If the analysis shows that employees with certain characteristics (such as female staff) are treated less favourably than others not sharing those characteristics (such as male staff), this suggests that they are discriminated against on the basis of those characteristics (here it would be on the basis of sex). Employers, unions, staff or legislators can then take actions to remedy this.

That is the motivation behind data collection forms like the equality and diversity form the OP was asked to fill in. However, as I said earlier that way of data collection and monitoring is of little value.

In contrast, over the last few decades, the collection of comprehensive and complete workforce statistics has allowed us to see whether and where discrimination based on certain characteristics of an employee happens. Especially in the public sector, where monitoring of a limited number of characteristics is mandatory.

The two main ones are age and sex, followed by education, ethnicity, race, religion, sexuality and class. (Marital status once was an important category, but does not seem to matter now). Apart from the first two, however, employers today do not have the legal right to demand that an employee share that information with them.

Pregnancy and maternity are special categories as women are specifically protected from discrimination while pregnant and/or on maternity leave.

As for your question about what issues there may be with discrimination at work and why data collection matters, I can recommend Invisible Women by Caroline Criado Perez who not only shows why data collection is important, but also what happens when you don't.

Floisme · 14/08/2020 09:22

And apologies for my lazy blue hair stereotyping. I actually wanted blue hair when I was a child.

Floisme · 14/08/2020 09:21

I have friends who just wouldn’t have a clue what cis, non binary or queer are on a gender drop down list.
And that's probably the point. They can hardly say in their job spec, 'The successful applicant will have blue hair and ideally a degree from Goldsmiths' but this works nearly as well. It's kind of like a dog whistle although obviously it can't be cos only people on the wrong side of history do that.

I would run for the hills. It's sad to see publishing in this state though.

NiceGerbil · 14/08/2020 04:46

There's a few things here

And I'm no expert!

As I understand it

Public sector employers have a fairly strict set of D&I stuff to record, report on etc.

The form op mentions is at application stage. So would only be of use for them to check what sort of candidates were applying, getting to interview etc.
This can be useful as some companies have realised they were using language that appealed to some types of candidates and put others off.
On the whole I'd imagine it's a box ticking thing and most don't do much with it.

Larger employers have to report on gender pay gap. This is for employees rather than people applying, and would be based on hr records.

In this case the inclusion of Intersex is really iffy.
And not asking sex as well as gender is standard now it seems. I think companies and TBH pretty much everyone is relying on the fact that gender usurped sex lots of stuff years ago, as a synonym for sex.

So they think (if they think at all) that most people when asked gender will say their sex, and a small number of people will select a gender different to their sex.

That's not how data gathering should work at all. But. Police, NHS etc have taken this route.

And they are relying on most people assuming it means sex. But it doesn't.

In a few years stats will be fucked. The rape stats already in the UK show this up, only because we define it in a certain way.

To the poster who asks 'What is disaggregating?'. Google is really good for questions like that. The internet has an enormous amount of info. I advise my children to not believe everything they read and to check multiple sources. However when it comes to definitions like the one you are asking about, wiki or similar is usually pretty solid. I hope that helps.

BadTattoosAndSmellLikeBooze · 14/08/2020 03:15

*sex not arc

BadTattoosAndSmellLikeBooze · 14/08/2020 03:13

I think there’s a lot of people who wouldn’t know what at least 2 or 3 of those terms mean. Often on forms they put gender instead of sex and then your options are male or female, which is annoying in itself but this.... Confused I have friends who just wouldn’t have a clue what cis, non binary or queer are on a gender drop down list. They’d be looking for male or female although I understand that arc would be the correct term, not gender.

The fact that intersex is an option under gender means that I think I’d just not apply. They’re completely clueless, probably not a great place to work.

Portnlemon · 14/08/2020 02:53

But they must not unlawfully discriminate against anyone, neither in recruiting nor in employing someone.

And one of the most effective ways an employer has to make sure that they do not unlawfully discriminate is by monitoring the protected characteristics of the people it employs or seeks to recruit. And a good E&D policy can help avoid unlawful discrimination in the workplace.

How?
Why do you keep asserting than an optional counting of anything has any affect on discrimination? Please explain the reason counting the number of anything is effective at stopping discrimination? Fascinated to find out. You seem very sure.

Portnlemon · 14/08/2020 02:36

However, at the very least employers do know the sex and age of their employees.
Yes. Employers have to have this information to put you on the payroll. Plus your NI number.

Keeping data on salaries, conditions, promotions etc and disaggregating this data by sex allows an employer to gain insights into whether inequalities are an issue. If they want to.

Does it? How? What is disaggregating? What is an "issue"?

Some companies do want to, especially after losing a tribunal for unlawful discrimination or if they have issues with staff retention or recruitment. Some don't.

Eh?

Durgasarrow · 13/08/2020 23:10

Skyliner--Everybody is the sex they were born with. Human beings can't change their sex.

ErrolTheDragon · 13/08/2020 22:36

I wonder if at some point the dimwit who designed those questions will have a conversation with whichever higher up dimwit asked for it along the lines of 'ah, great, all our diversity stats.... so, how many TW do we have? What? You've only got TW+TM? 'ConfusedHmm

Chersfrozenface · 13/08/2020 21:18

@SerendipityJane

How could this employer publish these figures if it doesn't know, because it doesn't ask, who of its employees are male and who are female?

Which isn't what the OP was asked.

That was rather my point.

The OP wrote "Anyway, there was no sex question, it did not ask if I'm male or female."

So the company won't know who are male and who are female. And it therefore cannot collate and publish the figures required (always supposing it comes under the Regulations).

SerendipityJane · 13/08/2020 21:14

How could this employer publish these figures if it doesn't know, because it doesn't ask, who of its employees are male and who are female?

Which isn't what the OP was asked.

Chersfrozenface · 13/08/2020 21:09

How many employees does this employer have?

If it has 250 or more, it has to abide by The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Here is a link www.legislation.gov.uk/uksi/2017/172/introduction/made

The regulations make it a requirement to publish six calculations of the gap between the pay of male and female employees.

How could this employer publish these figures if it doesn't know, because it doesn't ask, who of its employees are male and who are female?

CharlieParley · 13/08/2020 20:40

Can you explain that assertion?. I am interested in how a voluntary counting exercise does what you think it does?

Monitoring protected characteristics involves more than just voluntary E&D forms like the one in the OP's post. To be clear, I think this type of tickbox exercise is of limited value, even if done right. That's because they are voluntary, so give neither a complete nor a representative picture of the workforce, nor can the veracity of any data be verified.

However, at the very least employers do know the sex and age of their employees. Keeping data on salaries, conditions, promotions etc and disaggregating this data by sex allows an employer to gain insights into whether inequalities are an issue. If they want to. Some companies do want to, especially after losing a tribunal for unlawful discrimination or if they have issues with staff retention or recruitment. Some don't.