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Feminism: Sex and gender discussions

Challenging 'gender' in Equality & Diversity Statement - responding to the 'inclusive' answer

42 replies

BedsorestoaSloth · 01/10/2020 08:32

I'm gradually getting a little braver in picking at all the slime that has engulfed institutions. But would love some help in responding to a reply I've just had if any of you vipers are willing.

My email & response below. Hoping the screenshot of the original statement has posted too - interestingly I now can't find it on the Teeside Uni website, there's just a generic statement buried in their HR doc whereas previously it was on the page about funded courses. Which gives me hope that someone has gone away to have a little think.

I'd love to go back with a more specific reply and I know we have been finally getting some potentially helpful updates re EHRC etc but I can't quite work out how that might help here. Any tips welcome. My basic response is going to be - you can't override the Equality Act with a term you think is more inclusive, sex means something specific and you've blurred it. But official stuff would be much more compelling!

Hi

I was interested in your Digital Skills for Growth course and am keen to ask my employer about options.

I was a bit surprised by your Equality and Diversity statement, however. Please could you confirm why it excludes sex, which is a protected characteristic under the Equality Act, even though it includes other characteristics which are not covered in in the act?

As a woman from a STEM background, a commitment to equality on the basis of sex remains a crucial focus.

Many thanks
Sloth

Hi Sloth

Many thanks for expressing an interest in the courses provided by the Digital Skills for Growth project who are supporting employed people working in Durham until 30th September 2021 and Tees Valley until the end of this year, 31st December 2020.

Thank you also for reading our handbook and commenting on our Equality and Diversity statement. We have used the term gender(s) instead of sex to ensure that we include everyone and treat people fairly.

Kind regards
XXX

Challenging 'gender' in Equality & Diversity Statement - responding to the 'inclusive' answer
OP posts:
dumpling23 · 01/10/2020 11:51

And @flowery - what a great email. My complaint continues because I've now seen the monitoring form asks for people to choose a gender 'that suits them best' - so I will send a second email to this lady at the top of HR pointing out the problem with that, and if you don't mind - I'll be using your text above as my template!

RozWatching · 01/10/2020 11:53

@SunsetBeetch

"Gender orientation" - that's a new one on me.

I think the Government needs to get involved somehow. So many companies and organisations are just making up their own protected characteristics. It's madness!

I've seen it being used but usually instead of gender identity and mostly in the US. It definitely doesn't mean what they think it means, unless they actually meant to leave out the protected characteristic of sexual orientation Hmm

Your response was excellent, OP.

NewlyGranny · 01/10/2020 11:57

Yeah, someone went through removing sex words and cleaning it up, I reckon. Someone with a poor vocabulary and little grasp of the importance of legislation. Probably someone quite junior and possibly quite 'woke'.

It's probably been taken down because you drew the adults' attention to it. 😉

Good work! Of course we shouldn't have to do it, but...

flowery · 01/10/2020 12:32

@BedsorestoaSloth

Anything that quotes GDPR sounds suitably scary!

What's RTI @flowery? Does that apply to further education institutions?

RTI is Real Time Information - it's the information an employer must send to HMRC about paying employees every month. One of the things an employer has to tell HMRC is the sex of the employee. Unhelpfully on the gov.uk website it refers to this as 'gender', but it is a male and female option and it is legal sex, ie the only time you can put something other than biological sex is if someone has a GRC.
PaleBlueMoonlight · 01/10/2020 12:41

Do you have a link to the relevant HMRC page, flowery? I would like to send an email.

TyroBurningDownTheCloset · 01/10/2020 15:35

Gender orientation instead of sexual orientation is batshit.

I've fancied butch females, I've fancied very feminine-presenting females, I've fancied females who reject both aesthetics. My gender orientation would be classed as pan, probably.

I don't fancy masculine males, I don't fancy feminine males, I don't fancy androgynous males (though I can appreciate their aesthetic).

Asking me my gender orientation without my sexual orientation is going to result in me being mistakenly believed to be interested in men.

Ten out of ten for making lesbians invisible, I suppose.

flowery · 01/10/2020 16:15

@PaleBlueMoonlight

Do you have a link to the relevant HMRC page, flowery? I would like to send an email.
This do?

www.gov.uk/new-employee/employee-information

NewlyGranny · 01/10/2020 16:24

It's really, really unhelpful when government forms use gender when they mean sex! There are over 100 genders to pick from at the latest count, and none of them has anything to do with employment data gathering for sex equality!

ChattyLion · 01/10/2020 16:33

thanks for the helpful link flowery

BedsorestoaSloth · 01/10/2020 18:17

Thanks @flowery and @PaleBlueMoonlight thanks for following up with HMRC. We'll unpick the stitch up one loop at a time....

OP posts:
Deliriumoftheendless · 01/10/2020 18:37

I would imagine they have to stick to what has legally been drawn up or else you could just add anything you like eg non smokers, vegetarians, Sagittarians, fans of Polka music, Accrington Stanley supporters, the lactose intolerant...

Abitofalark · 01/10/2020 20:55

I quite liked the final part of PaleBlueMoonlight's suggested response:

'Sex is a protected characteristic that refers to biological sex. It is not the same as gender, but a separate measure of diversity and inclusion. You are obliged to ensure that you do not discriminate on the grounds of sex. It will be difficult to do this if you do not even recognise the category.'

Not too wordy or complicated. Maybe delete the 'even' in case of any inadvertent arsiness creeping in.

PaleBlueMoonlight · 01/10/2020 20:58

Thanks flowery. Will get onto it.

CharlieParley · 02/10/2020 12:34

I would remind them of their Public Sector Equality Duty and their Specific Duties under the Equality Act.

Regardless of any ideological stances they may wish to take, since April 2011, Teeside University have been subject to the Public Sector Equality Duty (Part 11 of the Equality Act, Chapter 1, Section 149). This is a legal duty they cannot ignore.

149 Public sector equality duty.

(1) A public authority must, in the exercise of its functions, have due regard to the need to—

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities.

(5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—

(a) tackle prejudice, and

(b) promote understanding.

(6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(7) The relevant protected characteristics are—

age;
disability;
gender reassignment;
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation.

(8) A reference to conduct that is prohibited by or under this Act includes a reference to—

(a) a breach of an equality clause or rule;

(b) a breach of a non-discrimination rule.

(9) Schedule 18 (exceptions) has effect.

They must, under the Specific Duties they have been subject to since September 2011, also publish how they comply - they must publish information to demonstrate their compliance with the Public Sector Equality Duty ('equality information') and they must prepare and publish one or more equality objectives which it thinks it should achieve to do any of the things mentioned in the general equality duty (‘equality objectives’).

How to do this is set out in Chapter Six of the EHRC Technical Guidance on the Public Sector Equality Duty: England (page 67ff.). This specifies that:

6.5 A listed authority must comply with both the specific duties and the general equality duty. A court may take into account a failure to comply with the specific duties, for example a failure to set one or more equality objectives, in deciding whether a listed authority has complied with the general equality duty.

6.6 Where the equality information published by a listed authority to comply with the specific duties does not adequately demonstrate how it has had due regard to the three aims of the general equality duty, the listed authority may leave itself open to be challenged by its staff, service users or others affected by how the authority carries out its functions. For example, if a listed authority publishes no information about one or more of the aims of the duty, publishes no information in relation to one or more of the relevant protected characteristics, or publishes no information in relation to one or more of its relevant functions.

6.8 The regulations also specify that the published information must include, in particular, information relating to persons who share a protected characteristic who are:
• its employees (for listed authorities who employ 150 or more staff), and
• other persons affected by its policies and practices (for example, service users)

6.10 The equality information published should be sufficient to enable those accessing it to reasonably assess how a listed authority has complied with the general equality duty, and enable them to hold the listed authority to account, if necessary.

6.11 Case law emphasises that to have due regard a body subject to the duty must have sufficient information (see para 5.16). To demonstrate compliance with the duty, listed authorities will, therefore, want to aim to publish equality information based on evidence that is as robust as possible.

By not including the correct protected characteristics in their Equality and Diversity statement, Teeside University is demonstrating that they are most likely not complying with their legal duties as listed above.

Desperatelyseekingreason · 02/10/2020 23:41

I can't wait to encounter my next official form that conflates sex and gender. I shall be letting rip politely responding with some of your excellent wordage.
Grin

CharlieParley · 03/10/2020 00:28

I did today. Just crossed out gender and wrote sex above it on my son's school form. I mean there's no reason to even put gender down - the options are male and female.

highame · 03/10/2020 08:55

send these complaints to the most senior person you can possibly find. Definitely works better! Always good advice Dumpling I do it for everything.

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