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Original poster

Work question: what is your gender identity?

40 replies

MintTeaLady · 20/04/2022 12:01

My work has asked us to complete diversity questions. The first one is “what is your gender identity?”. The options are: Female, Male, Non-binary, Genderfluid, Genderqueer, prefer not to say, and another gender not listed.

I am drafting an email to ask for an additional option that would allow those who not believe in gender ideology to choose one. The comparator in the later questions is “what is your religion or belief?” which offers “no religion”.

Would “no gender identity” be appropriate to add to the list of options for the first question?

Thanks

OP posts:
drspouse · 20/04/2022 14:11

DazzlePaintedBattlePants · 20/04/2022 12:22

Also why are they collecting this information? Gender identity is not a protected characteristic under the EA, so they have no business collecting it.

I use GDPR for work and you CAN collect information that isn't a protected characteristic (obviously, since otherwise you wouldn't be able to collect job title/shoe size/do you want your coffee black or white) but some categories are special categories and require additional checks. "Gender identity" isn't listed in the ICO list:

ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/special-category-data/

Gender reassignment may be included if it reveals anything about a person's health (including mental health, I'd imagine)

ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/special-category-data/what-is-special-category-data/

Original poster
MintTeaLady · 20/04/2022 13:15

Thanks all. To answer a few questions:

  • they have limited information on ethnicity (as do most companies) and have committed to publishing and improving their ethnicity pay gap.
  • they attempt in the FAQs to explain that sex is recorded on joining the company in line with HMRC requirements and these other questions are additional voluntary information to understand their people better.
  • they mention the protected characteristics and misstate sex as gender (I am pointing this out separately).
  • Rather than ignore them, I would like to answer some of the questions, but not the gender identity one. All the fields on the form are mandatory so this isn’t an option. I am suggesting that they remove the mandatory fields as some people might wish to answer some of the questions and some data is better than none. I, in my own role looking at progression through the company, am particularly keen for the ethnicity data to be completed where people are comfortable disclosing it for example.
I like the “I do not believe in gender ideology”, suggestion but suspect it will not be accepted which is why I was suggesting something more directly comparable to the “no religion” option.
OP posts:
silentpool · 20/04/2022 13:09

I've decided to pick a different option each time (we get them quarterly). So this time, I declined to answer about my sexuality. Next time I might be pan sexual.

SerendipityJane · 20/04/2022 12:55

My work has asked us to complete diversity questions

Unless they are mandatory, why not ignore them ? I always do on the basis it's a load of old cobblers.

tabbycatstripy · 20/04/2022 12:48

I actually think my objection would be different. These are deeply personal questions. Your employer is overstepping whether or not you believe in gender identity. I would respond with a polite, ‘I consider these questions very intrusive and not relevant to my job performance. I will not be sharing this information.’

BuffysBigSister · 20/04/2022 12:25

If you are in the UK I would ask why they are not following the language used in the Equality Act 2010. If the data is used for diversity that should be their guide surely? Gender identity isn't used in the act, sex is the protected characteristic and if they are not collecting data on that how will they defend themselves in a sex discrimination case? Also under GDPR I believe there may be issues collecting special characteristic data like this if they can't evidence what its for.

Chersfrozenface · 20/04/2022 12:25

DazzlePaintedBattlePants · 20/04/2022 12:22

Also why are they collecting this information? Gender identity is not a protected characteristic under the EA, so they have no business collecting it.

^ This.

senua · 20/04/2022 12:23

Would “no gender identity” be appropriate to add to the list of options for the first question?

"I do not believe in gender ideology" would be better.

DazzlePaintedBattlePants · 20/04/2022 12:22

Also why are they collecting this information? Gender identity is not a protected characteristic under the EA, so they have no business collecting it.

PaleBlueMoonlight · 20/04/2022 12:17

PrelateChuckles · 20/04/2022 12:10

I think it's reasonable to request it.
You should perhaps also mention that 'female' and 'male' are sex-related terms, and gender is separate from sex, and it's transphobic to conflate sex and gender, so they might want to rethink those words being included as gender identities.

Depends, I wouldn't want them to replace it with "woman" and "man".

PrelateChuckles · 20/04/2022 12:10

I think it's reasonable to request it.
You should perhaps also mention that 'female' and 'male' are sex-related terms, and gender is separate from sex, and it's transphobic to conflate sex and gender, so they might want to rethink those words being included as gender identities.

oliviastwisted · 20/04/2022 12:08

I don’t have one either.

SiobhanSharpe · 20/04/2022 12:07

Yes, I like your idea and think it sounds like a reasonable request. i don't see how they could refuse really, seeing as they've what they've included as the other options.

Fandomando · 20/04/2022 12:03

Yes, absolutely appropriate.

Cailin66 · 20/04/2022 12:03

I'd prefer: Don't believe in Gender, only Sex.

While you're at it ask them to include Cat Gender. You can link them to Bristol University guidance so they can't complain you aren't being serious. 😄