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

Based on the context documents, you can collect gender information from participants in Washington, but there are requirements that must be followed.

Requirements for collecting gender information

According to WAAC 434-840-015, covered entities must allow individuals to use gender-segregated facilities that are consistent with their gender expression or gender identity. Covered entities cannot require an individual to use a gender-segregated facility that is inconsistent with their gender expression or gender identity, or request or require an individual to use a separate or gender-neutral facility.

Encouraged options for privacy

Covered entities are encouraged to provide options for privacy, such as single-use gender-neutral bathrooms or private changing areas, that are available to any individual desiring privacy. (WAAC 162-32-060)

Prohibited standards

Covered entities cannot require an individual to dress or groom in a manner that is not consistent with their gender expression or gender identity. (WAAC 162-32-050)

Updating participant information

Participants and applicants shall send signed, written notification of any change in mailing or actual address, telephone number, legal name, or permanent contact data to the secretary of state. If a participant changes their legal name, they must send a signed written notification to the secretary of state accompanied by a copy of the court order or other formal document indicating the legal name change. (WAAC 434-840-027)

Therefore, when collecting gender information from participants in Washington, covered entities must allow individuals to use gender-segregated facilities that are consistent with their gender expression or gender identity, and cannot require an individual to use a gender-segregated facility that is inconsistent with their gender expression or gender identity. Covered entities are encouraged to provide options for privacy, such as single-use gender-neutral bathrooms or private changing areas, that are available to any individual desiring privacy. Covered entities cannot require an individual to dress or groom in a manner that is not consistent with their gender expression or gender identity. Participants and applicants must send signed, written notification of any change in mailing or actual address, telephone number, legal name, or permanent contact data to the secretary of state. If a participant changes their legal name, they must send a signed written notification to the secretary of state accompanied by a copy of the court order or other formal document indicating the legal name change.

Jurisdiction

Washington

• Privacy