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Feminism: Sex and gender discussions

Excellent thread on law re "gender" tick boxes

3 replies

WarriorN · 10/01/2023 19:14

https://threadreaderapp.com/thread/1612878675594121223.html

Key message is If you don't collect data on the Equality Act's protected characteristic of gender reassignment you cannot know that you are not discriminating against those with that protected characteristic. 15/26

Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the UK GDPR by processing personal - and potentially Special Category - data without a lawful basis. 16/26
The Government provides a list of the personal data an employer may hold about an employee without their permission that you might also find useful. 'Gender' does not appear on that list, but sex does.

As you can see it's a v long thread detailing the ins and outs. Might be helpful to take to HR's if needed.

OP posts:
BinturongsSmellOfPopcorn · 10/01/2023 19:47

Ah - very useful for an email I'm currently working on. Thanks.

Loveacuppa · 10/01/2023 19:52

Thank you, very useful for future discussions, I tried to make this point with the D&I team at my work previously (they ignored me), I might try again.

You don't say why you are collecting this personal information but you don't include an option for an applicant who doesn't have a 'gender identity'.

This could indicate an institutional bias towards an ideology to which not everyone subscribes and this may impinge on their protected beliefs.

WarriorN · 10/01/2023 21:11

It's one of those ones to book mark, certainly

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