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Can I collect gender information from participants in Oregon? What are the requirements?

Here are the requirements for collecting gender information from participants in Oregon:

Requirements for Collecting Gender Information in Oregon

In Oregon, it is possible to collect gender information from participants. However, there are certain requirements that must be met.

According to ORAR 416-435-0020, gender identity refers to a person’s internal, deeply felt sense of being male, female, or non-binary. Gender expression, on the other hand, refers to the manner in which a person expresses gender through clothing, appearance, behavior, speech, etc. Gender expression is distinct from sexual orientation and gender identity.

If you need to collect gender information from participants, you must ensure that you are doing so in a way that is respectful and inclusive of all gender identities. You should provide participants with the option to self-identify their gender, and allow them to choose from a range of options that reflect the diversity of gender identities.

If you are collecting gender information for official purposes, such as for a record of live birth, there are specific requirements that must be met. According to ORAR 333-011-0272, an applicant may request an administrative change to the sex of a registrant on the record of live birth when the sex on the record of live birth does not match the gender identity of the registrant. The change of sex may be requested by the registrant if the registrant is age 18 or older or an emancipated minor, or by a parent, legal guardian, or legal representative of the registrant if the registrant is less than 18 years of age.

Similarly, ORAR 333-011-0271 outlines the requirements for changing the name of a registrant on the record of live birth to support gender identity. An applicant may request an administrative change to the registrant’s name on the record of live birth when the sex on the record of live birth does not match the gender identity of the registrant. The change of name may be requested by the registrant if the registrant is age 18 or older or an emancipated minor, or by a parent, legal guardian, or legal representative of the registrant if the registrant is less than 18 years of age.

If you are working with youth who identify as transgender, gender diverse, gender fluid, or intersex, there are additional requirements to consider. ORAR 416-435-0050 outlines the management of youth who identify as such, including requirements for searches, urinalysis testing, bathrooms and showers in youth correction facilities, clothing, grooming, and personal items, and preferred name and pronouns.

If you are unsure about the requirements for collecting gender information in Oregon, it is recommended that you consult with legal counsel or a qualified professional.

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Source(s):
Jurisdiction

Oregon