What's the difference between gender and gender identity? (Stonewall related)

[Rickpulltop]

Stonewall have taken hold at work...

our HR records have been changed to include gender identity and pronouns. Fair enough if there is a sex field too but there isn't.

I thought I'd have a look at my record and my gender identity has been filled in for me but we now have 2 fields, gender and gender identity. the gender field is compulsory and surely should be sex?

I set my gender identity to 'prefer not to say' and left my gender as female (has to be filled in) but I struggle to understand what the difference is between gender and gender identity? is there a difference? surely if gender is whatever you feel then that is your gender identity?

Gender is/was often used as a synonym for sex. If there are only two options I would accept that they mean sex but I agree it would be better to use sex.

Gerla I previously would have agreed with you but it just seems meaningless now. It's been made clear gender can be whatever you want it to be so I'm not sure the 2 fields will add the value they're supposed to add (or that they're pretending to add)

They are changing the category of they data they hold about you without your consent. It was recorded as 'sex' and they have changed it to 'gender identity'.
I don't know the is and outs but it is not permitted under GDPR, that is certain.
Have a look at the ONS letter for some of the related legalese.

sexinthecensus.org/on-census-night/

A certain political party has done exactly the same thing to its membership and it is being challenged.

I have a similar question as I've just noticed that the E&D page says 'we are committed to ensuring all staff, (other stakeholders) .. are treated fairly and equally on the basis of their race, religion, gender, sexuality, disability etc etc.

I really want to point out that the others are protected characteristics but gender is not and it should be sex. And maybe point out the recent census case. But I'm not sure if that's a good idea or not.

Taswama
I would point it out on a purely factual basis. You are protecting them by ensuring they reflect the law correctly- it may harm the company if someone was to raise a sex discrimination claim and they haven’t mentioned sex. It suggests they don’t understand their legal obligations.
Don’t object to the word gender, just point out that sex is the term in the Act.
(Only raise it if it’s not going to be held against you).

This is Stonewall's endgame. The data collected becomes entirely confused and hence becomes meaningless.

Once the confusion becomes apparent 'we don't know who are men, women or non binary', it then becomes pointless even trying to collect the data.

So the gender pay gap becomes redundant and is shelved. We no longer know how pay is structured, it is surely coincidence that the cunty sort seem to have lower status.

The gender thing is clever.

Gender replaced sex when sex was meant all over the place, years ago. Presumably because sex is rude

So the population think gender means sex.

Then the definition of gender changes and isn't agreed at all.

Next say that some people want to put other things and to be inclusive there need to be more options.

Ok.

Gender

Male
Female
Non binary
Prefer not to say

(Have seen this a lot)

Now sex and gender is mixed into one.
However most people will simply see gender and tick male female. As they have done for years. Not knowing that they are actually being asked not about sex but internal gender ID.

Why?

Get rid of sex as a metric/ determinant/ thing of relevance

Simultaneously don't spell this out so people mostly glance and tick male/ female. Ensuring that trans people are a minority. Because if you spell it out- by explaining what gender is actually asking. Then the results might start doing things that they don't want.

Voila! Sex based everything gone. No one really knows and things it's still sex. No questions asked.

Clever really.

has anyone got any wording advice for a short but to the point message to address this with the HR department?

Someone else might be able to do better, but what about something like:

Hi HR Manager

I notice that my HR record has been changed as regards sex/gender. Specifically that my gender identity has been assumed (without consultation with me) to be female and also that there is no record of my sex.

Please can you explain the thinking behind this and please can you provide a copy of the Equalities Impact Assessment carried out prior to making this change to the way records are collected and held.

I am concerned that if we are not recording an employee's sex then we will not be able to monitor/uphold compliance with the Equalities Act, which specifies sex as a protected characteristic.

Kind regards

Thank you Leaf

Maybe add at the end your concern about people's gender identities being assumed - maybe saying that it is not been established that everyone has a gender identity and that they certainly be asked what it is and given the option of "none" or "prefer not to say".

@Rickpulltop

has anyone got any wording advice for a short but to the point message to address this with the HR department?

hi, you may want to add in some information on the GDPR rules - a breach can cost the company a lot of money (see this article below) - consent from an employee on what data can be held about them seems to be quite important.

you may not consent to data on your 'gender' or 'gender identity' being held about you:

www.personneltoday.com/hr/general-data-protection-regulation-gdpr-employer/

The list below is from the Government website and shows the permitted list of information a company is allowed to hold about an employee. Gender or gender identity is not on this list.

Personal data an employer can keep about an employee
Employers must keep their employees’ personal data safe, secure and up to date.

Employers can keep the following data about their employees without their permission:

name
address
date of birth
sex
education and qualifications
work experience
National Insurance number
tax code
emergency contact details
employment history with the organisation
employment terms and conditions (eg pay, hours of work, holidays, benefits, absence)
any accidents connected with work
any training taken
any disciplinary action
Employers need their employees’ permission to keep certain types of ’sensitive’ data, including:

race and ethnicity
religion
political membership or opinions
trade union membership
genetics
biometrics, for example if your fingerprints are used for identification
health and medical conditions
sexual history or orientation

www.gov.uk/personal-data-my-employer-can-keep-about-me