Sex (I.e gender) as a statement on an equality policy. I want to challenge it.

[hannahwaddinghamsbiceps]

Hi all. NHS trust equality and diversity policy has the phrase ' sex (I.e gender)'
on its list of protected characteristics.
Given that i.e means "that is" and sex is a protected characteristic and gender is not ( plus one is a fact and one is a feeling) I want to email the head of E&D to point this out.
However it would be an email with my name on, to someone more senior than me. Who's whole job is based around getting this stuff right. Except I don't think he is on this point.
Any suggestions for clever wording.?
I notice the other protected characteristics don't seem to need an explanation, clarification or qualification on the list.

One of the reasons that gender became a synonym with sex, at least in the U.K., was the sniggering, nudge nudge, response to the word sex. Forms asking people for their sex were often filled in with the reply “yes please”.

It is fascinating how language evolves. In Jane Austen’s novels she talks about the female sex, and I remember as a teenager at school being shocked by the blunt use of the word by such a genteel author.

@funnelfan - DD is doing A level English Lit, which includes Carol Anne Duffy's work - you should see the language in that! I was appalled.

I have sent the following to the equality and diversity team. Let's see if they even reply!
Hoping I don't get in trouble. Thanks to everyone who gave me good advice and strong wording.

I was reading the Trust EDI policy and I found the list of protected characteristics, which included the following; sex (i.e gender)

This doesn't seem very clear to me and I am sure others will be confused too. My understanding is that the protected characteristic is sex, and that these days gender is considered to be something different - for example people can change gender but not sex. Sex is a fact, but gender is less so. Is this not your understanding?

Would it not be clearer for all involved for the EDI policy to just read sex, and if clarification is required maybe (biological) could be added.

I work in an area where it is vital that the patient’s sex is known, and we have had examples within the laboratory where confusion has been caused due to a patient’s gender being recorded on a request form, rather than their sex. As this laboratory may be involved in the diagnosis of DSD, surely recording the correct clinical information is vital and essential, to ensure clarity, and to help ensure that there has not been a sample mix-up.

I feel it is important that our trust is clear on such matters and clearly follows the law as otherwise we could find ourselves open to legal claims of discrimination.

The Equality and Human Rights Commission explains the term 'sex' in the EA as below
https://www.equalityhumanrights.com/en/advice-and-guidance/what-equality-act-says-about-protected-characteristics-sex-and-genderr_

The term 'gender' is now divorced from biological sex in many people's usage and even in dictionary definitions - e.g. Collins English Dictionary's definition "The state of being male or female as expressed by social or cultural distinctions and differences, rather than biological ones".

It is therefore incorrect to use the clarification "i.e.gender", thus claiming that 'gender' has the same meaning as 'sex’, because it does not.

The correct protected characteristic is 'sex' and that means biological sex as explained by the EHRC.

I believe in this case, the legal distinction between sex and gender should be observed, and the trust policy should be clarified to help all staff who may need to apply it.

Reply received already, just stating that the policy is due for review this year by the inclusion team. So let's see!