How to challenge this?

[PaintDecisions]

Trying not to be outing, but we've been asked at work (yes, a public sector agency) to fill out a questionnaire which is basically looking at protected characteristics, and asking how we identify on each one and whether we have seen or experienced bullying / negative remarks / social media posts by colleagues on these areas.

I'm already raging because they are focusing on gender identity not gender reassignment and certainly not sex as a PC.

Anyway, the FIRST question is how you would describe your sex - select from male, female, intersex or prefer not to say. 🙄

The second asks you to described gender identity - select from male, female, NB, prefer NTS, or self describe and free text section.

The third is whether you consider yourself transgender - yes, no, prefer NTS.

Then the fourth is selecting from strongly agree to strongly disagree on the following statements:

• Gender is often the subject of comments and judgement by others.
• Staff are addressed using their preferred pronouns and chosen names.
• Comms are neutral and inclusive.

Then similar questions for all other PCs - age, ethnicity, religion / belief, relationship status, sexual orientation, pregnancy / maternity, parental / caring, disability.

It's the usual situation of conflating sex, gender identity and gender reassignment under one heading that's got me riled.

I am minded to contact the authors of this questionnaire (which is fully supported by my "pronouns in bio on Teams and emails" head of national unit) but I also prefer not to be subject to a big backlash....

Any suggestions? Or am I being precious?

I have gently challenged language like this at work by saying “I think it’s really important we use the wording of the actual law, it’s very important to be accurate”

so far no pushback

If you answer that you strongly disagree, that comms (about sex and gender) are neutral and inclusive, how big a free text box do you get to explain?! Because the survey alone gives you enough material for an essay

People with DSDs often dislike being described as intersex, and are always either male or female.

The wording is not inclusive of people who don't believe in gender identity, despite this non-belief having been confirmed by case law as a protected characteristic.

There are no questions about sex discrimination, despite it being the most prevalent form of discrimination there is, if only in terms of sheer numbers.

There are no questions about gender reassignment discrimination, despite it being a protected characteristic. The question about 'gender' is incomprehensible.

Good point - I have a tendency to go in nwoth a sledgehammer.

Thank you, much more considered than me.

I'll go back to it in a few days and think about my responses.

I'm also going to refuse to answer all the questions about which department were in, which job title etc, because it's way way too easy to pick me out nationally otherwise!

There is a tendency to collapse sex/gender into each other, yes.

You can neutrally make the point that 'sex' is one pc while, 'gender reassignment' is another. They are separate. And equal, there is no hierarchy of pcs.

If you're feeling brave you could certainly point out that people with 'gc' beliefs are also protected in law under the pc of religion and belief.

I plan to make the brave remark, definitely. Just need not to do so with a nuclear bomb at the same time 😂

law and science, depersonalise it so it does not become about identity, of anyone, but especially the person doing the survey.

I almost always just don't fill out things like this, in the hope that their results will be useless and they stop asking such intrusive questions.

I considered it, but I'm too inclined to see them actually fix the issues when it comes to gender woo.

We recently had a new email block / signature come out which also included pronouns. I have pushed back hard on that as well.

Anyway, the FIRST question is how you would describe your sex - select from male, female, intersex or prefer not to say. 🙄

Dear provider

are you aware that DSDs may be covered under the PC of disability
The use of the word intersex may be indirect discrimination or may cause offence or hurt by othering a member of staff.

Now will your manager ask if you were offended or hurt.

The second asks you to described gender identity - select from male, female, NB, prefer NTS, or self describe and free text section.

Thats 2 PC in one and sex PC is not GR

The third is whether you consider yourself transgender - yes, no, prefer NTS.

Not the PC

Then the fourth is selecting from strongly agree to strongly disagree on the following statements:

• Gender is often the subject of comments and judgement by others.

Thats 2 PC in one

• Staff are addressed using their preferred pronouns

Thats religion or belief PC too

• and chosen names.

being married or in a civil partnership + sex as women are more likely to change their name

• Comms are neutral and inclusive.

General compounding of questions. So this attempted to be neutral and failed Ditto on inclusive .

I would say straightforwardly that the survey is inaccurate and incorrect. It is a simple Google search to find the exact wording of the Equality Act 2010 on the gov.uk website.

Do a screenshot and explain that they need to change it because they are misreading the law. Explain this could have real-world consequences in losing tribunals etc.

I'm sorry but this is bang to rights stuff - the Equality Act clearly states the Protected Characteristics. It also clearly states that gender identity isn't one. This is not ideology, this is just wrong in the incorrect sense.

Problem is someone is job dependant on it being filled in.

Thank you so much for the break down - that is much more coherent than I was heading towards. I have a tendency to waffle.

I will model on this I think for my feedback, thanks.

I waffle too so find it easier to think on outcome usage ( the best way to design to get getting defined simple answers)
Then grid the PC overlaps

And how one question leads the person towards one answer over another in the next few questions.

Soooooo, I did the survey and put in LOTS of the points from here, and also hit up the Sex Matters site for additional pointers (highly recommend for this sort of thing).

No public feedback from the powers-that-be as yet, but I'm on tenterhooks awaiting the updates.... It'll either be ignored as a single response (they won't report on those apparently) or a few of us will put ourselves as Big Fat Terfs and it'll hit the radar. Cross fingers for the latter.

Signed

The BFT.

Well done, Paint!

Let us know if/when you get anything back from them.

Well done.
Fingers crossed that they will look at the feedback as a way to improve the data🤞

This was a point I made - that the survey was designed to permit disaggregation of responses. They didn’t deny it.

That would be a data protection breach if they dont make clear that the collection of the staffing information creates an individual profile of some staff.

Update for you:
The report has been released, and contains ONE solitary reference to gender reassignment and not a single piece of data on that PC.

I suspect there will have been insufficient data gathered around whether people identify under that PC as I'm aware of most of the national teams and unless someone has declared themselves as NB or trans in their responses, everyone is almost certainly their actual sex. Insufficient data would preclude them from dealing with it due to it being too identifiable to the individuals.

However I'm hoping this means they also took into consideration all my points about sex vs gender reassignment vs gender identity.... I guess we'll find out next year when they redo the whole pointless task!

In other news, I may be moving into a role where I'll have some direct input into policy and procedure around how the organisation handles the implementation of the SC Judgement so hope to be able to ensure sanity prevails.

Well done for pushing back on this.

I've challenged several things like this at work, including questionnaires and training material. I've not had any push back so far and we are a massive Civil Service 'department'

I'm in the US and probably paranoid after everything I've been through here but this seems very intrusive to me. It seems here even when they tell you that these surveys are anonymous they very rarely are.

The wording is not inclusive of people who don't believe in gender identity, despite this non-belief having been confirmed by case law as a protected characteristic.
I'd just put this in the text box and have done with it.