Sex and gender in data guidance: equality impact assessment

Equality Impact Assessment (EQIA) for guidance for public bodies on the collection of data related to sex and gender.


Stage 3: Assessing the impacts and identifying opportunities to promote equality

Do you think that the policy impacts on people because of their age?
Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation X
Advancing equality of opportunity X Likely to be different views on the age that someone should be before they are asked about their trans status. Some may argue that everyone should be asked regardless of age whereas others may think only those aged over 16 or above should be asked. Lack of data on trans people who are under 16.
Promoting good relations among and between different age groups X
Do you think that the policy impacts disabled people?
Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation X
Advancing equality of opportunity X Human Rights Considerations - Everyone has the right to participate in decisions that affect their human rights. Participation must be active, free, meaningful and give attention to issues of accessibility, including access to information in a form and a language which can be understood.
Promoting good relations among and between disabled and non-disabled people X
Do you think that the policy impacts on men and women in different ways?
Sex Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X Disaggregating data between men and women may enable more action to be taken to eliminate discrimination.
Advancing equality of opportunity X Disaggregating data between men and women may enable more action to be taken to advance equality of opportunity.
Promoting good relations between men and women X Disaggregating data between men and women may enable more action to be taken to eliminate discrimination and advance equality of opportunity, which may help to promote good relations.
Do you think that the policy impacts on women because of pregnancy and maternity?
Pregnancy and Maternity Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X
Advancing equality of opportunity X
Promoting good relations X
Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? ( NB: the Equality Act 2010 uses the term 'transsexual people' but 'trans people' is more commonly used)
Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X - Having better data on the trans population will build an understanding of areas where trans people may be experiencing unlawful discrimination.
Advancing equality of opportunity X - Having better data on the trans population will build an understanding of how trans people access services and may face barriers. This will support the design of better, more inclusive services and public bodies that advance equality of opportunity for trans people.
Promoting good relations X - Some women's groups would disagree that data on men and women should be collected on the basis of gender identity or self-identified/lived sex. A recommendation in the guidance to do this may cause friction rather than good relations between groups.
- A trans status/history question asked alongside a sex question would be more likely to promote good relations between groups.
Do you think that the policy impacts on people because of their sexual orientation?
Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X
Advancing equality of opportunity X
Promoting good relations X
Do you think the policy impacts on people on the grounds of their race?
Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X
Advancing equality of opportunity X
Promoting good race relations X
Do you think the policy impacts on people because of their religion or belief?
Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X
Advancing equality of opportunity X
Promoting good relations X
Do you think the policy impacts on people because of their marriage or civil partnership?
Marriage and Civil Partnership Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X

Contact

Email: lee.bunce@gov.scot

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