What questions could be asked to monitor protected characteristics?

The Welsh specific duties and the Scottish specific duties require institutions to publish information across all the protected characteristics covered by the equality duty. The English specific duties require higher education institutions (HEIs) to publish information to demonstrate their compliance with the equality duty.

The specific duties cover staff, and people effected by the policies and practices of the public body. For higher education institutions (HEIs) this will include students, alumni and visitors.

When should we ask for equality information?

There are various opportunities for HEIs to ask for equality information. These include:

• HESA staff and student record returns collection mechanisms
  

• From 2012, institutions will have the opportunity to return to HESA staff information across all the protected characteristics, apart from marriage and civil partnership. HESA staff record

• Internal staff and student surveys

• Monitoring of grievances and disciplinary procedures

Institutions may also collect and publish information such as involvement exercises, focus groups, and results of impact assessments to demonstrate 'due regard' (see Your questions: How do we demonstrate due regard?).

What questions could we ask?

Below are a series of questions which could be asked to give people an opportunity to declare a protected characteristic. The response options that are provided to respondents should be specific to the institution, although as a starting point ECU would recommend institutions look at the HESA staff record, and then develop the 'Other' section in line with institutional context

All questions should be voluntary. Clear messages around why the questions are being asked and how the information will be used may increase disclosure rates. See ECU guidance Guidance on developing staff disclosure for further information.

Possible questions

Age

• What is your date of birth?

Disability

• Do you have an impairment, health condition or learning difference?
• For recommended response codes, see the HESA staff record disability field
  
• This question could be supported by questions around providing reasonable adjustments

Ethnicity

• What is your ethnic origin?
• For recommended response codes, see the HESA staff record ethnicity field 
  

Gender identity

• Is your gender identity the same as the gender you were assigned at birth?
• Yes
• No
• Prefer not to say

We recommend that HEIs ask sex and gender identity questions separately.

The following guidance contains considerations for HEIs when asking their staff and students for information on gender identity: Trans staff and students in higher education: revised 2011 .

The Equality and Human Rights Commission have also released research in this area: Monitoring equality: developing a gender identity question

Pregnancy and maternity

Staff

• Are you currently pregnant or have you been pregnant in the last year?
• Yes
• No
• Prefer not to say
• In the past year, have you taken
• Maternity leave
• Additional paternity leave (e.g. more than two weeks)
• Adoption leave

Students

• Are you pregnant?
• Yes
• No
• Prefer not to say
• Have you given birth within the past 26 weeks?
• Yes
• No
• Prefer not to say
• Do you have a dependant aged 16 or under?
• Yes
• No
• Prefer not to say

The following guidance contains considerations for HEIs when asking their students for information on pregnancy and maternity: Student pregnancy and maternity: implications for higher education institutions

Religion and belief

• What is your religion? (England and Wales)
• For recommended response codes, see the HESA staff record religion and belief field
  
• What religion, religious denomination or body do you belong to? (Scotland and Northern Ireland)
• For recommended response codes, see the HESA staff record religion and belief field
  
• ECU recommends that HEIs use the questions provided in the census to allow for benchmarking. However, different questions may be asked at the point of service delivery if a HEI wants to evidence if their services are inclusive to different religious observance.

Sex

• What is your sex?
• Male
• Female
• These categories reflect the requirements of the HESA staff record. ECU recommends categories of 'Other' and 'Prefer not to say' alongside male and female. This will allow anyone who is associates with the terms intersex, androgyne, intergender, ambigender, gender fluid, polygender and genderqueer to complete the question.
  
• The UK law only recognises two sexes: 'Male' and 'Female'. Therefore if an HEI only provides the 'Male' and 'Female' options, we recommend that they adapt the question to 'What is your legal sex?' This is the sex given on the person's birth certificate (note that this is not necessarily the same as their sex at birth).
  
• We recommend that HEIs ask sex and gender identity questions separately.
  

Sexual orientation

• What is your sexual orientation?
• Bisexual
• Gay man
• Gay woman/lesbian
• Heterosexual
• Other
• Prefer not to say

The following guidance contains considerations for HEIs when asking their staff and students for information on sexual orientation: Advancing LGB equality

Further considerations

ECU recommends that HEIs look to develop secure and confidential mechanisms for sharing information to appropriate individuals within the institution. People disclosing information must always be made aware of how the information will be shared, and why the information is being collected.