Scientific journal asking for authors' gender

[ehtelp]

When submitting a paper to a scientific journal recently I was asked to specify my gender. The options were male, female, non-binary, and prefer not to say. For context this journal is published by the UK 'professional body and learned society' of a very male-dominated scientific field.

I emailed the journal to regarding this, and have received an unsatisfying reply from the 'Research Integrity & Inclusion Manager' (both below). Any suggestions on how to proceed please? (In retrospect my original email could have been better worded.)

My email:

When submitting a paper to Journal X, I have been asked to update my personal details, and in particular to state whether my gender is male, female, non-binary or 'prefer not to say'.

Gender is not a synonym for sex. My biological sex is female. I do not have a gender identity. This is not covered by any of the answers in the drop down menu.

The protected characteristics under the Equality Act 2010 are sex and gender reassignment, not gender.

If you wish to collect data regarding protected characteristics, you should ask separate questions regarding sex and gender.

Response:

Thank you for sharing your thoughts.

We chose our words carefully, and were guided by literature from the Office for National Statistics (ONS), the World Health Organization (WHO) and UN Sustainable Development Goals (SDGs). All of the above define the term "gender identity" and clearly differentiate between sex and gender. The term "gender identity" was first used in 1964 by Robert Stoller, who asserted that it refers to "an individual’s personal concept about their gender and how they feel inside", and may be different to their biological sex. We have chosen to collect data on gender identity, rather than sex, in order to be inclusive of social constructions of gender. We do not say anywhere that we are collecting data regarding protected characteristics.

An update (with thanks again for suggestions):

my 2nd email

Thank you for your reply.

I am aware of the concept of gender identity. As I explained in my initial email, I do not have a gender identity. I do not feel like a woman inside, I am a woman. So how should I answer the question? Selecting "prefer not to say" would imply that I have a gender identity, but do wish to disclose it. This is not the same as not having a gender identity.

If you are not collecting data regarding protected characteristics, then what is the purpose of asking this question (c.f. GDPR requirements )? And why is gender identity, and not sex, the relevant characteristic?

Their 2nd response (paraphrased)

thanks me for restating my thoughts

collecting data for equality monitoring, chose gender identity to be inclusive of people who do not identify with their sex (specific example of a man who chooses to live as a woman...), going beyond the Equality act

suggest that if I am comfortable with my identity I should select female, or otherwise 'prefer not to say', offer to make a note on my account that I don't have a gender identity.

my 3rd email

Thank you for your further reply.

Collecting data on gender identity instead of (rather than in addition to) sex does not 'go beyond the Equality Act 2010'. In doing so you are conflating gender and sex, making it impossible to disaggregate the data and study whether or not different groups (women and transgender people) are disadvantaged. It is also not inclusive of people who do not have a gender identity.

As I'm sure you're aware, women are a hugely under-represented group in [subject X] at all levels, from school students through to professors. It is therefore crucial that data collected (in particular by a publishing company which is associated with the national professional body and learned society of the subject) is accurate and reliable.

Please can you provide me with the contact details of the body responsible for this decision.

This is weird.
Their first response was weird - saying that other orgs defined 'gender' but not providing the definition themselves or a link to it - I'm still none the wiser as to what 'gender' specifically means in their usage. It's inherent to the definition they do give of 'gender identity'. Perhaps, if asking for it is confusing people, they should provide the full definition on the form - a hover-over info box would be good.

ONS definition: www.ons.gov.uk/methodology/classificationsandstandards/measuringequality/genderidentity

"Gender identity is a personal internal perception of oneself and, as such, the gender category with which a person identifies may not match the sex they were registered at birth. In contrast, sex is biologically determined."

(still doesn't define what gender IS)

WHO: "Gender refers to the roles, behaviours, activities, attributes and opportunities that any society considers appropriate for girls and boys, and women and men. Gender interacts with, but is different from, the binary categories of biological sex."
www.who.int/health-topics/gender

UN SDGs: I couldn't find a specific definition but one of the goals is gender equality and seems to refer to biological sex
www.un.org/sustainabledevelopment/gender-equality/

I'd ask them to clarify which definition they are using, in order to be able to say what your gender identity is. The WHO one is the clearest in that it explicitly says gender is based on society's attitudes.

Also I'd ask what the UN one is as they say it 'clearly differentiates between sex and gender' and I'm unable to find such a definition. Honestly, for a scientific journal they should be able to cite their sources.

V mansplaining response!

I would say that by being inclusive of "social constructions of gender" they are aggregating sex and gender, when they claim the opposite. They are not offering an individual the opportunity to disaggregate themselves from the concept of gender. By being inclusive of gender, they are being exclusionary of the material reality (and consequences thereof) of biological sex, meaning those consequences are disregarded.

Well said.

Well done, OP, for your patient and eloquent perseverance.

Such a good thread OP. Can’t wait to read their next response.

By insisting that women accept and chose a gender identity they are acting in a discriminatory way, as women reminded of gender expectations tend to under perform

Perhaps you could ask if they want to know your birth stone and star sign as well.

You could play them at their own game and point out they are not being inclusive of the social construct of gender or whatever as they are maintaining there is a gender binary (male, female or outside of the binary) when there are in fact many gender identities (link to stonewall etc if you must) and by not having a free text to allow explanation of individual gender you are excluding certain genders from their data collection. This preference for male/female binary is exclusive and anyone who identifies outside of this or as a gender is forced to take the 'prefer not to say' option rendering them invisible and unrepresented.

I've started identifying my gender as 'critical' if I possible can on forms

They are relying on most people thinking sex means gender.

Their stats will be utterly meaningless.

Orgs should be collecting sex and gender and defining what they want in the gender field.

The other point is that this presumably puts off applicants who know that sex exists...

Perhaps you could ask if they want to know your birth stone and star sign as well.

suggest that if I am comfortable with my identity I should select female, or otherwise 'prefer not to say'

I’d suggest telling them that If you were comfortable in your gender role you wouldn’t be submitting a paper to Journal X in the first place, as you’d be too busy doing the laundry and washing up.

But maybe that would be a bit too snarky.

It’s pretty easy To do this right

Biological Sex: male / female
Gender Identity: (blank for free form response)

Good for you not letting this go OP. I'm so fucking sick of it all.

Ask for the contact details for their data controller and challenge it on the basis its not a protected characteristic, so why are they collecting it? GDPR grounds.

3rd response from 'Research integrity and inclusion manager'
(who incidentally appears to be female) [paraphrased]

I'm response for this decision, wording was considered by various stakeholders including legal department, and matches what "professional body and learned society for subject X" use in membership diversity surveys.

Have made concious decision to report on gender identity, do not believe there is a need to disambiguate sex and gender in this context. appreciate not everyone agrees, will have to agree to disagree.

4th email from me

Please could you tell me who has overall responsibility for equality and diversity at "professional body and learned society for subject X"?

Well done OP. They obviously think they can fob you off. I suspect they are very wrong!

Perhaps you could ask if they want to know your birth stone and star sign as well.

The problem is, if you go by my actual date of birth I’m a Virgo, but I identify as a Capricorn.

Maybe try this tack:

“Don’t you want to know if you are properly including trans women and trans men or if you are implicitly discriminating? You can’t do so unless you ask about both gender and sex in some way. The way you have it now, (poor vulnerable) trans women will be counted Along with (Privileged) cis women. It is vital that we are able to demonstrate Trans Gender equality in Learned Field X and fight the cis hegemony!!”

I think GDPR is where you've got them really, I would ask for details of their data controller and ask them if they conducted a DPIA (data protection impact assessment) as you consider it to be asking a political opinion. Also that you note that gender is not one of the characteristics included as part of the Data Protection Act 2018 Section 8(2) which allows for monitoring of specified persons for equal opportunity or treatment and therefore they cannot claim that exception

I've complained twice when public bodies who state that the salary is non negotiable ask for my current salary on the application form. They can't state why they need to know what my current salary is and have amended their forms both times.

Sorry instead of section 8 that should read Schedule 1, Part 2, 8(2) Equality of opportunity or treatment

Gender identity is meaningless... data based on wishes

Might as well ask if folk believe in Santa

Thanks again all for the support and suggestions.

I do plan to escalate this, but need to do some homework first, in particular some reading to make sure I understand the details of the GDPR & DPA issues (thanks @miri1985 for the 'leads' here).