Sex (I.e gender) as a statement on an equality policy. I want to challenge it.

@funnelfan - DD is doing A level English Lit, which includes Carol Anne Duffy's work - you should see the language in that! I was appalled.

One of the reasons that gender became a synonym with sex, at least in the U.K., was the sniggering, nudge nudge, response to the word sex. Forms asking people for their sex were often filled in with the reply “yes please”.

It is fascinating how language evolves. In Jane Austen’s novels she talks about the female sex, and I remember as a teenager at school being shocked by the blunt use of the word by such a genteel author.

One might think it was yet another attempt to claim that 'gender' in its latest sense, that is, gender identity, is the protected characteristic, rather than biological sex. Having been told that repeatedly by trans activists and proponents of Stonewall law

Possibly

cher yeah, I dunno, I was trying to imagine what other reason they might need to stick 'i.e. gender' on the end of sex!

Well if it was a clumsy attempt to clarify the term 'sex' so people wouldn't think it meant 'sexual intercourse', they should instead have used the EHRC's wording "being a man or a woman".

Plus, how on earth could 'sexual intercourse' be a protected characteristic?

Given that this was in a list of protected characteristics.

This is just wrong though.

The only other possibility is that they're clumsily trying to clarify that they mean sex of the body, not sex as in intercourse, although I have no idea how anyone could read that as a protected characteristic.

It’s also an age thing - lots of references to ‘gender’ around pregnancy on the boards when obviously meaning sex and also American where gender has alway be used more widely. I think sex is coming back but after five years or more of stonewalling in various public bodies I think they are starting off by trying to clarify for those who were told sex didn’t matter or couldn’t be used

They can't say that sex and gender are the same thing, as trans people are people with one sex and a 'different' gender. So by saying they are the same, they are erasing trans people.

I think most people would agree that it is patently false to say that sex and gender are the same thing. Have they misunderstood what 'i.e.' means, perhaps?

I write policies and I would agree that I’d write it just referring to sex as more precise. I suppose to me though making this your complaint doesn’t necessarily put you in a good position to be listened to on bigger issues, I think whoever it’s sent to will probably dismiss it without a moments thought as pedantry.

"I don’t think I’d do this. It says sex. Gender is widely understood to mean the same thing"

In Germany people often say England when they mean UK. It's generally understood to mean the UK too, but in cases where it is important to know exactly what is meant, people will ask "do you actually mean England or Great Britain"? (which is still not entirely correct, but will be taken to mean "the UK").

It's the same here. Popular usage may be different, but documents that might be used as a basis for argumentation later on should be as clear as possible. In this case, the legal distinction between sex and gender should be observed.

The other useful link, if you are not aware of it, is this paper OP.

Frontiers | Effective Communication About Pregnancy, Birth, Lactation, Breastfeeding and Newborn Care: The Importance of Sexed Language

www.frontiersin.org/articles/10.3389/fgwh.2022.818856/full

You will find plenty of quotable statements in here should you need to push back against gender neutral language. I keep a copy in my bag incase I need to back myself up at any time and hand out copies to certain people.

I don’t agree. This is the policy document so should be using correct language.

Forgot the FOI link.

https://www.whatdotheyknow.com/request/costoffthenhssrainbowbadgee_pr

It is a worry raising these issues with one's employer, and I know my trust will be ramping things up soon for certain reasons. Indeed, we have just been invited to add our pronouns to our emails (I won't be obviously but will be closely observing who does).
Being able to back things up helps.

As well as the nine protected characteristics there is the issue of sex based language and many trusts are going gender neutral, egged on by the Rainbow Badge initiative. Is your trust signed up do you know?

This FOI lists the 40 trusts that signed up in 2021 plus the ten in the initial pilot phase. I haven't seen a list for 2022/23 but you are sure to know if your trust is signed up as there will be plenty of rainbow signage.

I noticed a post on our intranet about people who get various gynaecological cancers and corrected the poster (an admin whose job is in communications and posting on the intranet) that only women could get these cancers. She did apologise and promise not to do it again!

I don’t think I’d do this. It says sex. Gender is widely understood to mean the same thing by a large chunk of the population and even when they understand gender identity as a separate thing people still use gender interchangeably with sex, a usage that predates the current gender soup world we live in. Anyone responding could easily do something like pull up a hundred examples and say we do use the legal wording but we like our policies to be easily readable by all our staff. I think you’d be flagged as a pedantic trouble maker to be honest.

I think it's ta important to emphasise the possibility of confusion. Gender reassignment is a protected characteristic in ita own right. So including the word gender in the separate protected characteristic of sex makes it harder to understand which they're talking about. Which could lead to inadvertent discrimination, errors in choosing correct comparators etc.

Dear X,

I think there is a typo in the E and D policy. Sex' is a protected characteristic, so is 'gender reassignment' but tis isn't clear.

Thank you

OP

I emailed the head of equality and Diversity at my council this morning, the 'code of conduct for councilors'.

Before 9.00 am I received this reply

thankyou for bringing this to my attention .

I will certainly act upon this immediately and look to amend the code of conduct.

If you would like to meet me to discuss further – I am more than happy to do so.

I was quite shocked but pleased.

I'd start with light touch as above, and then if needed follow up with more facts / assertiveness.

eg

Following my email of xxx I still haven't received a response / Thank you for your response to my email, however I'm still think our policy is wrong / confusing.

Since I first contacted you I have done some further reading. I have found <this> and <this> and <this> . I cannot see how our policy is clear / conforms with legislation. I really feel this needs a further review taking the above information into account.

The Equality and Human Rights Commission explains the term 'sex' in the EA as below
https://www.equalityhumanrights.com/en/advice-and-guidance/what-equality-act-says-about-protected-characteristics-sex-and-gender

You can point out that the term 'gender' is now divorced from biological sex in many people's usage and even in dictionary definitions - e.g. Collins English Dictionary's definition "The state of being male or female as expressed by social or cultural distinctions and differences, rather than biological ones".

It is therefore incorrect to use the abbreviation "i.e." thus claiming that 'gender' has the same meaning as 'sex:, because it does not

The correct protected characteristic is 'sex' and that means biological sex as explained by the EHRC.

(It might also be worth contacting Sex Matters through their website to give them this example of obfuscation around the protected characteristic of sex in the EA.)

Second @TeenDivided response.