Job diversity statement - OK to discriminate on sex?

[fuzzyKitty]

Just read a job ad futurelearn-ltd.workable.com/j/031A2DB25B and noticed the diversity statement where discrimination on sex isn't even listed :(.

We value diversity at FutureLearn, and we do not discriminate on the basis of race, religion or belief, gender, sexual orientation, gender assignment, age, pregnancy, maternity and paternity status, or disability status, marital and civil partnership status.

Is this the future? Why not list sex when it's still an actual thing in law? Are they using "gender assignment" as sex?

What can we do?

I wrote to Psychokogy mag regarding the statement "no bigots need apply" and got a reply and I'm going to follow up.

Please write to them asking about their procedures for approving job ads and point out that they have neglected to include sex as one of the protected characteristics.

We need to fight this every single time it happens.

Letter sent (as a complaint rather than 'feedback', as complaints receive responses). I always think the more the merrier with these things.

Workable have some good info on diversity statements, I don't think they have read it;
resources.workable.com/tutorial/eeo-statement

My employer has just communicated it is developing a diversity and inclusion policy, which has excluded sex as a dimension of measuring difference between people. I have emailed asking why it hasn’t been included, which is the first time I have raised my head above the parapet. Small steps...

Well done mother abigail. The first small steps are the hardest.

Thanks all, I'll write to them.

And go MotherAbigail!

I'd say "gender assignment" really means what it says, and they think "gender" means sex.

I'd say "gender assignment" really means what it says, and they think "gender" means sex

I've asked them to correct 'gender' to read 'sex' and 'gender assignment' to read 'gender reassignment' because I believe it's not ok to get any of this wrong.

I agree, this needs correcting, if it’s allowed to drift because we ‘know’ they mean sex when they say gender, it will lead to all sorts of problems.

Thanks for that. I work in that area and have just sent them an email pointing out their failure to include sex as a protected characteristic.

I might have suggested that their failure to include sex in the list will discourage women from applying.

I have had a reply;

‘Thanks for your message and feedback. We will and already do have a number of initiatives focusing on gender as part of the diversity piece. As you are probably aware from the equality e-learning there are 9 protected characteristics that we need to reflect however we don’t just want to focus on this areas....I am keen to ensure the inclusion element is the main driver and that everyone is catered for and respected as we are all unique’

Not sure whether/how to respond?

Not sure whether/how to respond?
Ask them if they've run the policy past in-house counsel
Point out their failure to comply with the law
Refer them to the EHRC www.equalityhumanrights.com/en/equality-act/protected-characteristics
Ask them how they know whether or not they discriminate on the grounds of sex if they don't even recognise it as a protected characteristic
Ask them how shareholders will react to the glaring omission of a protected characteristic from the diversity bit of the annual report
And Mother thank you so much for raising this

learning there are 9 protected characteristics that we need to reflect however we don’t just want to focus on this areas...

Tell them they can add in as many measures of diversity as they like but they can’t actually leave any out and not break the law.

But in answer to the question in your subject: yes you can discriminate on the basis of sex (but not gender) for certain roles.

Thanks all. I sent back a short reply saying I just wanted to ensure that they weren’t conflating sex with gender. This looks like the start of some initiative they are running so I don’t want to throw everything at them at the start. I want to be able to challenge everything they put out to the business as and when they do it so I’ll keep the big guns in reserve for now.