Gender Question

[StrawberrySquirrelThief]

i want to challenge the statement on this page - www.advance-he.ac.uk/guidance/equality-diversity-and-inclusion/using-data-and-evidence/monitoring-questions/gender
which says:

Although gender and sex are often used interchangeably, the term ‘sex’ is used in the Equality Act and not ‘gender’. To clarify, the definitions used by the UK government describe sex as a set of biological attributes that is generally limited to female or male, and typically attributed to individuals at birth. In contrast, gender is a social construction related to behaviours and attributes, and is an internal perception of oneself. Advance HE recommends asking a question about gender rather than asking a question about sex. This ensures equality efforts are mindful of the different ways gendered norms and marginalisations occur, and is inclusive of a diverse range of gender identities. The inclusion of identities ‘man’ and ‘woman’ will also support the small number of instances where binary data about sex is required.

Advance HE advises against asking about a respondent’s gender and sex on the same monitoring form as this may confuse respondents and, when response options are combined, inadvertently out someone who identities as trans.

I'm struggling to articulate what it is that annoys me about it & how I can challenge what seems like bs to me. I think it's this line in particular This ensures equality efforts are mindful of the different ways gendered norms and marginalisations occur, and is inclusive of a diverse range of gender identities about why they use gender & not sex that irks.

I would take the approach of asking questions:

"AdvanceHE acknowledges the difference between sex (i.e. biological status as male or female) and gender (i.e. internal sense of or adherence to cultural indicators of masculinity, femininity, both or neither), but appears to take the view that monitoring data on sex is unimportant, or at least significantly less important then monitoring data on gender.

"Can you please help me understand why AdvanceHE arrives at the view that, when monitoring diversity, equality and inclusion, data on sex is unimportant? The only feasible explanations seem to be because:

• AdvanceHE takes the view that sexism (i.e. discrimination based on sex) doesn't exist?
• AdvanceHE takes the view that sexism is not an issue in Higher Education?
• AdvanceHE takes the view that sexism does exist and is an issue in HE, but AdvanceHE does not see this as an issue of concern or something they want to know about and monitor?
• AdvanceHE takes the view that the experiences of people within HE who suffer as a result of sexism (i.e. women) are less important than the experiences of people within HE who suffer from other forms of discrimination and marginalisation?"

*than not then

I think ThisIsJeopardy's anwer is great.

I'll add a few fumbling observations of my own.

In contrast, gender is a social construction related to behaviours and attributes, and is an internal perception of oneself.

Might be worth also asking them about that - aren't they conflating two views on gender? Is that useful? Also, might be worth asking them how they account for people who don't have a gender identity?

The inclusion of identities ‘man’ and ‘woman’ will also support the small number of instances where binary data about sex is required.

No, it won't. I'm a woman (ie my sex is female). Do I "identify" with gender stereotypes? Heck no. Worth asking if they have a category for female human beings who don't see being female as an identity?

Somebody smarter than me will probably articulate this better.

They are saying though sex exists (tho they are trying to hide that they are saying that) they are saying asking for gender is better as discrimination happens due to gender.

Not sex.

Which is bullshit.

Ask them why they're advising HEIs not to collect data about one of the protected characteristics listed in the Equality Act.

The inclusion of identities ‘man’ and ‘woman’ in a question about gender will NOT support the small number* of instances where binary data about sex is required, because some people don't identify as having a gender and therefore won't choose an option.

*small in number they may be, but ending up in Employment Tribunals being accused of sex discrimination isn't something employers take lightly. And then explaining to the ET why your institution doesn't collect data on the protected characteristic you're being accused of discriminating against.

I see their page links to Athena Swann guidance, with both organisations clearly acknowledging and defining the difference between sex and gender, but then including the terms man and woman in with gender, as if it's the same thing. No it bloody isn't, as you clearly described the difference in the previous paragraph.

It's ridiculous to say respondents might be confused by having separate questions about sex and gender in the same monitoring form. It's more confusing to include the terms man and woman in a question about gender.

@Fariha31

They are saying though sex exists (tho they are trying to hide that they are saying that) they are saying asking for gender is better as discrimination happens due to gender.

Yes. I'd ask them to confirm if this is their view. This then raises the question of how others can identify someone's internal gender in order to discriminate. I'd also (maybe) ask for specific guidance on how I can identify my own gender...

Oh dear, talk about tying yourself up in knots because you can't find a logical way to justify your metaphysical beliefs...

Question 1: what is your lawful basis for collecting data on gender instead of sex?

(This is an absolute necessity under GDPR regulations and Data Protection laws)

Question 2: how will you meet your Public Sector Equality Duty if you do not collect data on sex, one of the protected characteristics you are legally obliged to monitor to ensure you comply with the Equality Act?

Question 3: where is your equality impact assessment showing how you have considered what the potential impact of not collecting data on sex will be on protected groups for whom sex matters? (Sex, Sexuality, Pregnancy and Maternity)

Advance HE advises against asking about a respondent’s gender and sex on the same monitoring form as this may confuse respondents

Yeah, y'know what's actually confusing? Gender ideology. It's more than confusing, it's batshit. So how about not asking about that then, and just stick with asking what sex your respondents are.

Thanks all - I knew you’d come up with something.

I can't post the link here but I've archived that page (on archive IS), for when it goes missing.
Which it will;

111 Instructing, causing or inducing contraventions
www.legislation.gov.uk/ukpga/2010/15/section/111