Does your Local Authority Equality Policy exclude sex as a protected characteristic?

[bananaistheanswer]

Inspired by Jean Hatchet's posts on twitter, I checked mine and colour me shocked, it's been excluded.

Attached below is the list from the EA2010 with my LA's interpretation alongside - note the wording We believe our responsibility for equality is wider than those areas covered by the Equality Act 2010

So removing sex from the list of protected characteristics widens the scope of the EA2010?

So what's your LA equality policy like?

Hi bananaistheanswer. I'd be inclined to email the EHRC quoting the reply you've had and ask them to confirm (or not).

www.equalityhumanrights.com/en/contact-us

Pratchet Gib thinks VRR is 'odious' for not accepting Nixon.

Whaaa? I can’t see this anywhere. Is it on another thread?

Ooh good idea sliding. I'll do that later & post up their response.

bananaistheanswer somehow state more eloquently how the EA has a explanatory note under the "Sex" section that states women are women because they all share same single characteristic and likewise for men. Therefore EA is referring to sex not gender because gender is made up of multiple societal stereotypes and norms and not all women (or men) would share all of those?

bananaistheanswer The EHRC recognise there is a difference between sex and gender. I have a quote, I posted it on another thread. Hang on and I will find it for you.

bananas even if they were copying EHCR they should have as a minimum 'sex (gender)', not just 'gender' - they cannot unilaterally decide they are going to change who the protections cover. Sex covers both males and females so no one is left uncovered whatever their gender identity so it is not 'more inclusive' to put gender.

Perhaps ask them to put a definition of gender on their site as it is currently unclear what they mean by it.

Here you go banana

“The EHRC said that ‘sex’ and ‘gender’ are not synonymous terms, and that ‘gender’ is not a protected characteristic.”

From here:
digitalpublications.parliament.scot/ResearchBriefings/Report/2017/9/14/Gender-Representation-on-Public-Boards--Scotland--Bill#Gender-representation-objective

also from EHRC

Sex refers to biological and physiological characteristics. In Britain, the terms ‘male’ and ‘female’ are used in birth certificates to denote the sex of children. Sex and gender, and the terms, 'male/female’ and ‘man/woman’ are often used and understood interchangeably. However, in the research literature, sex and gender are considered separately

www.equalityhumanrights.com/sites/default/files/collecting_info_gender_id.pdf

Whaaa? I can’t see this anywhere. Is it on another thread?

It was.

Gawd, I luffs you lot!

I shall return once I've replied again & see what they come back with later.

Has no-one else noticed that Gib has replaced the word attribute with the word aspect whenever trying to quote that section as proof that changing e.g. hormone levels or appearance is claimed by the legislation to literally be partially changing sex?

The two things are not the same. An aspect is an actual part of something. An attribute is something associated with something. Low testosterone is associated with females, gaining a low testosterone level does not make your hormone levels literally female. Having two semi-large to large protuberances on the chest (which are specifically composed of glandular tissue and fat) is associated with being female, having surgery to insert silicone implants that mimic these protuberances does not mean you have actual breasts.

Well, I got a response. An incredibly condescending response, but a response. And they did change it. Once they’d put the protected characteristics on in the first place.

A win?

Local MP sent me a letter. Could be promising!

That's a good response Floeer!!

Shit, I've just reported that

@LemonJello I've just emailed that handy little quote back to my LA from your link, and also the EHRC asking them to review this given their refusal to consider amending their error/omission.

Will update if I hear back from either.

"Falkirk Council have a responsibility to ensure that people of all sexes, males, females, those who are intersex, or whose sex is difficult to determine are able to be themselves and can achieve their full potential. The same applies to gender expression, we would expect that boys, girls, men, women and those who are genderqueer should be able to be themselves (and be referred to as they wish), feel safe and be welcome and able to participate in community life and indeed as an employee of the Council."

Scotland is fabulous.

Here is such a clear explanation that the protection also needs to cover "those whose sex is difficult to determine" and one reason why gender is the best term. It's perhaps the clearest explanation I have seen.

Here is reply from my LA.They list sex(gender) not sex on its own. Where to start?
However it is usually not possible to determine sex until after puberty and sexual maturity
RUBBISH
terms boy and girl are usually used to describe people before they reach sexual maturity. These words describe gender and not sex No They DONT. Holy crap I despair. Ideas for reply to them gratefully recieved. Heres their email:-
I apologise for any confusion with our Equalities Mainstreaming report.
Sex is a biological term that refers to biological differences, chromosomes, hormonal profiles and internal and external sex organs. However it is usually not possible to determine sex until after puberty and sexual maturity. Gender is a social construct and very often people express gender before they have reached sexual maturity and the terms boy and girl are usually used to describe people before they reach sexual maturity. These words describe gender and not sex.
Council have a responsibility to ensure that people of all sexes, males, females, those who are intersex, or whose sex is difficult to determine are able to be themselves and can achieve their full potential. The same applies to gender expression, we would expect that boys, girls, men, women and those who are genderqueer should be able to be themselves (and be referred to as they wish), feel safe and be welcome and able to participate in community life and indeed as an employee of the Council
I hope this clarifies our position. Falkirk Council wants to support people of all genders and sexes and we will make this clearer in our next report .
If you wish further information please do not hesitate to get in touch.

Blimey what idiot wrote that! Cleraly hasn't done any science in school!

Quick hash of a response for you (I'm sure someone else can come up with better):

Sex is biological, and as correctly stated, it refers to the chromosomes, hormonal profiles and internal and external sex organs. However Sex is determined at conception, not after puberty as suggested, as it is the sperm that either carries an X or Y chromosome that then creates a female or male zygote. It is not possible for humans to change their Sex or only have an X or Y chromosome develop after puberty. Sex is created at conception.

As correctly stated, Gender is a social construct, however genders are harmful stereotypes that oppresses how people of either Sex believe they should act or behave. A female should not feel like she cannot express masculine traits and vice versa because they do not fit her gender.

As for stating the terms boy and girl are describing gender, this is incorrect. The term girl means a female child; female describes someone’s biological sex. Saying that girl and boy is gender is destructive and limiting to opportunities to either sex.

The Council has responsibility to adhere to the Equality Act which recognizes that sex (not gender) is to the protected characteristic and the Act and the EHRC makes it clear that gender and sex should not be conflated and that Sex is the protected characteristic.

Everyone should be able to express themselves how they which without fear of gender labels. Genders are stereotypes. Sex is biological. We should only be defining people by their sex and allow each individual to them define the rest themselves.

However it is usually not possible to determine sex until after puberty and sexual maturity

WTAF? What's the betting they got Gendered "intelligence" or similar to write this nonsense?

Floeer thanks
Ershkigal
Just what i thought. I will ask in my next email

"Sex is biological, and as correctly stated, it refers to the chromosomes, hormonal profiles and internal and external sex organs. However Sex is determined at conception, not after puberty as suggested, as it is the sperm that either carries an X or Y chromosome that then creates a female or male zygote. It is not possible for humans to change their Sex or only have an X or Y chromosome develop after puberty. Sex is created at conception."

That is your personal definition which excludes certain groups as Falkirk correctly point out. The law wasn't intended to be exclusionary - just read all the European law material if you disagree

However it is usually not possible to determine sex until after puberty and sexual maturity

WTF planet are they on?

I hope you are copying in your MP, counsellor, chair of council and chief exec

Excellent banana, hope you get a positive response.

I have used that EHRC quote to complain about a document the same EHRC produced (on the public sector equality duty) that listed gender instead of sex in the protected characteristics! You could not make it up! (HT Gibberty who pointed it out)