New industry code on diversity

[Stipagigantica]

Industry I work in has Just published its new code. States protected characteristics are the usual 8 plus GENDER and this is the law. Have politely pointed out the error. No response. What do you think the chances are of a correction ?

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation.

Do you mean they used 'gender' instead of 'gender reassignment'? Or that they used gender instead of 'sex'?
Either way it's bound to be transphobic to misrepresent the protected chars.

I had my employer just correct their's after others here did it I felt brave enough to send a simple email noting their error.

Worth a try?

My local council have agreed to change back to "sex" instead of "gender" after a few emails. Keep trying. I found that asking them if they intended to change the wording of the Equality Act to suit themselves did the trick. Good luck.

They have replaced sex with gender saying this is the terminology in the EA. They go on to say that they will be looking at gender reassignment through the lens of gender identity.

It’s the assertions that they are quoting the law that are most troubling. This is for a highly regulated industry.

Stipagigantica

They have replaced sex with gender saying this is the terminology in the EA. They go on to say that they will be looking at gender reassignment through the lens of gender identity.

Copy/Paste the EA (and send a link) to them and say you have liased with employment solicitors who state they are acting unlawfully.

Ooh. My employer is a Stonewall champion (NHS) and has Stonewall Law in their policy, I'm wondering if I dare challenge their misinterpretation of the EA. How should I approach it?

They need it pointing out that they've made a mistake and could be in breach of the law. They have inadvertently (?!) stripped every single employee of their right to their sex being a protected characteristic, haven't they? That means they have left themselves wide open to accusations of sex discrimination.

Ask them to respond with a clear reference to when sex stopped being a protected characteristic in law.

The company lawyer will be having conniptions when it's pointed out, if they're worth their salt.

Someone changed sex to gender, perhaps following misleading and inaccurate guidance from a charity like Stonewall, but it's the company's job to sort that and make policies compliant.

Oh! I see they've added gender, not replaced sex with gender. Weird!

So ask when gender itself, rather than gender reassignment, was added to the law, creating 9 PCs instead of the former 8?

(Hint: it wasn't and hasn't been, of course!)

Why do institutions think they can tinker with the wording of a law?!

Success. They say “gender” was a “mistake” and have now replaced it with sex. Inconceivable that such a regulated industry makes such mistakes but corrected now

Brilliant, well done

I challenged this in work and it was quickly changed

My work is changing it since it has been pointed out to them.

It might be worth noting to any employer who doesn't list sex that they could be looking at the business end of a court case if there was any sex discrimination.

NewlyGranny

They need it pointing out that they've made a mistake and could be in breach of the law. They have inadvertently (?!) stripped every single employee of their right to their sex being a protected characteristic, haven't they? That means they have left themselves wide open to accusations of sex discrimination.

OhHolyJesus

My work is changing it since it has been pointed out to them.

We need to consistently and repeatedly call this out. Unacceptable that the those tasked with upholding the law and best practice in one area feel free to rewrite it in another.

Still battling at work but uphill as we are stonewall champions!!!!

Yes

I did something yesterday which scared the shit out of me at work.

I challenged the use of gender throughout a "policy doc" not once did they use the word sex.

And I quoted stuff and linked websites.

I'm still too scared to say what I did but I stood up and said no.

Out

You won't be the only one, by far.

@PurpleHoodie

Out

You won't be the only one, by far.

I did get emailed by someone who said well done

Female Courage calls to courage

Wow, results! 👏👏👏

I did get emailed by someone who said well done

This says everything. It shouldn’t be a big deal, or indeed in any way remarkable to point out an error. The fact that it isn’t an error, but is deliberate, and that obviously someone else shared your discomfort, but didn’t say themselves is an awful reflection on where we are.

Thank you OP and all the others who are courageously speaking out.