Or. Admin. Code § 950-030-0060 - Sexual Orientation and Gender Identity (SOGI) Demographic Data Collection Standards

(1) A requestor must ask the questions in this rule using the following age-based guidelines:

(a) For individuals under age 5, a requestor must ask the question in section (4) of this rule.

(b) For individuals ages 5 to 11, a requestor must ask the questions in section (4) and (9) of this rule.

(c) For individuals ages 12 and 13, a requestor must ask either the questions in sections (2) through (6) or the questions in sections (4) and (9) of this rule, and should use professional judgment to determine which of these two sets of questions to ask.

(d) For individuals ages 14 and older, a requestor must ask the questions in sections (2) through (6) of this rule.

(2) A requestor must ask an open-ended question regarding gender identity: "Describe your gender in any way you prefer:"

(3) A requestor must ask the following questions regarding gender identity and gender modality:

(a) "What is your gender?" Response options:

(A) Girl or woman.

(B) Boy or man.

(C) Nonbinary.

(D) Agender/No gender.

(E) Bigender.

(F) Demiboy.

(G) Demigirl.

(H) Genderfluid.

(I) Genderqueer.

(J) Questioning/Exploring.

(K) Not listed, my gender is: (with open text box).

(L) I have a gender identity not listed here that is specific to my ethnicity: (with open text box).

(b) "Are you transgender?" Response options:

(A) Yes.

(B) No.

(C) Questioning/Exploring.

(4) A requestor must ask the following questions regarding sex: "What is your sex?" Response options:

(a) Female.

(b) Male.

(c) Intersex.

(d) Not listed, my sex is: (with open text box).

(5) A requestor must ask an open-ended question regarding sexual orientation: "Describe your sexual orientation or sexual identity in any way you prefer:" (with open text box)

(6) A requestor must ask the following question regarding sexual orientation: "What is your sexual orientation?

(a) Same-gender loving.

(b) Lesbian.

(c) Gay.

(d) Bisexual.

(e) Pansexual.

(f) Straight or heterosexual.

(g) Asexual Spectrum.

(h) Queer.

(i) Questioning/Exploring.

(j) Not listed, my sexual orientation is: (with open text box).

(7) For individuals who selected the race and ethnicity category of "American Indian" or "Alaska Native" specified in OAR 950-030-0030(2)(a) or (2)(b), the requestor must display the additional response option of "Two Spirit" for the questions in sections (3)(a) and (6) of this rule.

(8) For questions specified in sections (3)(a), (6) and (9) of this rule, a requestor must instruct individuals, either in writing or verbally, that more than one response may be chosen.

(9) A requestor must ask the following question: "Are you currently:" Response options:

(a) A boy.

(b) A girl.

(c) Both a boy and a girl.

(d) Neither a boy nor a girl.

(e) Something else. Specify: (with open text box).

(f) It changes over time.

Notes

Or. Admin. Code § 950-030-0060

EID 2-2024, adopt filed 07/02/2024, effective 7/2/2024

Statutory/Other Authority: ORS 413.161 & ORS 413.042

Statutes/Other Implemented: ORS 413.161