Sex vs gender Equality Act 2010

[junerat]

I am helping a school draft its equality policy, and just wanted to ratify my understanding of the Equality Act, which is that:

• Sex is a protected characteristic
• Gender is not.

(Caveat that I understand that transitioned gender is also a protected characteristic.)

Is that correct?

Sex is a protected characteristic

Gender reassignment is a protected characteristic

Transitioning isn't clearly defined. So is generally interpreted as anyone who identifies as the opposite sex (gender)

Thank you. The policy is not about gender reassignment (although it mentions gender reassignment as a protected characteristic).

I believe the policy is conflating gender and sex, referring to gender as a protected characteristic, and I just want to make sure it's accurate.

Gender itself is not then - I think we agree - a protected characteristic in and of itself, but sex is. Thanks.

Yep definitely it is Sex that is a protected characteristic, not gender.

'Gender Reassignment' is one though.

So is disability and others - don't forget them.

www.equalityhumanrights.com/en/publication-download/what-equality-law-means-you-education-provider-schools

Everything you need is on here (I’ve linked to the specific ‘schools’ page)

@Melamin Absolutely; it's not that I'm ignoring other protected characteristics. There was just a suspected use of the word "gender" where I was fairly sure they meant "sex" but I just wanted to clarify with you experts before I flagged it as incorrect (and made myself look stupid).

I did read the Equality Act, and that was my understanding of it too, but it's always good to get expert hive minds for clarfiication.

@BettyDuMonde Excellent, thank you.

You are correct that the word used for the protected characteristic is sex but the precise meaning is unclear.

Lols snappity

You are correct that the word used for the protected characteristic is sex but the precise meaning is unclear

Whoops - head fell off!

Sweet dreams snappity

Snappity, school kids don’t have GRCs so in this particular instance the 2004 act is irrelevant (unless a staff member has one and then you’d need the pdf for ‘employers’ to ensure they were being correctly provided for).

What Snappity means is that a small group of biological males are also included in the legal definition of sex: female for most purposes. Because of the legal fiction of the GRA.

And there was me thinking I was asking a non-controversial, factual question...

I tink there is some stuff that someone can link u to on ur question.

Something like gender trend for schools

Except that even then they can be excluded from single sex spaces it appropriate / proportionate

Little are you irish

Kids don't get gras do they tho

I'm sure you've seen this but just in case:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719398/Gender-separation-guidance.pdf

It's new guidance for schools reminding them of their legal responsibilities when separating the sexes. Some useful points about the law in terms of offering single sex provisions and a helpful reminder that schools MUST provide sex segregated toilets and washing facilities.

Naw Scottish
I just went on the baby names bit off here

Omg it’s makes the feminist place here look fairly uncontinoius

Compleytl unrealted bollocks from me sorry. But omg the baby nsme# place

@enoughisenough I wonder how the fishy charity will take that new guidance?

The cynic in me suspects it's the Govt attempting damage limitation: if too many schools adopt the fishy guidance, the public will notice and then the GRA reform will become politically disastrous.

The precise meaning of sex in the EA is not unclear. It's defined in section 11:

"In relation to the protected characteristic of sex—
(a) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;
(b) a reference to persons who share a protected characteristic is a reference to persons of the same sex."

I'm boringly interested in setting out exactly what the law says. However I like how littlebrown and melamin put it.

No protected characteristic of gender in the EA.

I've never been to baby names. It's hot and I can't sleep so I'm going to take a look now...