Report Offers Guidance for Educational Institutions on Collecting Sexual Orientation and Gender Identity Data

Gathering data on sexual orientation and gender identity can help educational institutions to better understand the experiences of their lesbian, gay, bisexual, transgender and queer students, faculty and staff and can serve to identify - and ultimately dismantle - the barriers faced by LGBTQ community members in science, technology, engineering, mathematics and medicine.

However, in light of recent attacks on the safety and privacy of LGBTQ students by state governments and the Supreme Court's 2023 ruling against the consideration of race in college and university admissions, educational institutions require guidance on whether their state policy landscape is conducive to effectively and ethically collecting SOGI data.

A new report from the Williams Institute at the UCLA School of Law for AAAS, "Sexual Orientation and Gender Identity Data Collection by Higher Education Institutions in the U.S.: A State-by-State Legal Landscape Analysis," offers a roadmap for educational institutions aiming to undertake collection of SOGI data, offering location-based recommendations for whether and how they should collect SOGI data.

The report was created in partnership with the Williams Institute with support from Tiger Global Impact Ventures and is part of a larger AAAS effort, Catalyzing a Data Infrastructure to Support LGBTQ Inclusion, which aims to understand the systemic barriers to collecting and using SOGI data and cultivate a data infrastructure - all in service of a more diverse STEMM enterprise.

"The ability for institutional leaders to look across trends within and between subgroups is imperative to understanding where students experience barriers or challenges and to enable institutions to remove those barriers and increase opportunities for all students. This report equips those leaders with a detailed understanding of how state and federal policy might support or present risks for the collection of SOGI data at their institutions," said Travis York, director of Inclusive STEMM Ecosystems for Equity & Diversity at AAAS.

The Need for More Data

An abundance of research shows that equity and excellence in STEMM are inextricably linked - better science results from more diverse teams. Yet the data we have show that LGBTQ people are underrepresented and face disparities in STEMM, with LGBTQ individuals underrepresented by up to 20 percent. The true amount of untapped talent is difficult to measure due to a lack of data at the federal and institutional level on the access, progression and success of LGBTQ students, faculty and staff.

Collecting SOGI data can help institutions ensure full access to and success in STEMM for members of the LGBTQ community in an environment free of discrimination. Colleges and universities, informed by data, can create programs to foster more supportive and inclusive STEMM pathways for LGBTQ students and scholars.

"The adage that 'What gets measured, matters.' could not be truer when it comes to student success. That's why it is critical to equip institutional leaders with the law-attentive information and technical assistance to build institutional systems that allow for data-informed decision-making while also keeping students and employees personal information safe and protected," said York.

But institutions need guidance before embarking upon data collection, as discriminatory action by state and federal law and policymakers could make students and employees vulnerable to unwanted disclosure of their sexual orientation, gender identity or transgender status, to discrimination or to enforcement of laws or policies that harmfully target LGBTQ people.

The report therefore offers an overview of the federal and state legal landscape and illuminates the factors that institutions should consider before collecting SOGI data.

"Higher education institutions considering the collection of SOGI data should ensure that their state provides robust protections against unwanted disclosure and misuse of such data," the report says.

Recommendations and Considerations

The report recommends SOGI data collection should be prioritized in states where laws are in place to protect LGBTQ students and employees from discrimination - 24 states and the District of Columbia have laws in place that protect against SOGI discrimination, with several more states that also protect against employment discrimination on the basis of SOGI. Other prerequisites for SOGI data collection recommended by the report are strong state privacy laws to protect student and employee data and to protect SOGI information. The report also recommends ensuring that no anti-LGBTQ laws, policies or initiatives at the state level pose a risk to students and employees if SOGI data is collected.

The report also recommends that institutions moving forward with SOGI data collection also confirm the existence of a SOGI-specific data collection law for higher education, ensure no state laws prohibit affirmative action based on sex, sexual identity or gender identity, and confirm that no state law limits funding for diversity, equity and inclusion efforts that intend to boost representation in higher education based on sexual orientation and gender identity.

Institutions in states where the report urges caution before undertaking SOGI data collection can still take action, as the report suggests policies that institutions can put in place even if they are not in a state with a supportive legal environment.

"Data collection is a critical component of understanding the needs and experiences of LGBTQ+ students and staff," said Elana Redfield, federal policy director at the Williams Institute, UCLA School of Law. "But the patchwork of state and federal laws on privacy, confidentiality and nondiscrimination is complicated and evolving rapidly. Our research helps shed light on what schools should be considering as they navigate this landscape and work toward building and expanding LGBTQ+ visibility in their communities."

What's Next?

The report, which was launched at the AAAS Annual Meeting in Denver in February, will be further unveiled and discussed at the American Educational Research Association Annual Meeting on April 14, where York will chair a panel featuring Mario I. Suárez of Utah State University, Jon Freeman of New York University, Elise Christopher of the National Center for Education Statistics and Kei Koizumi of the White House Office of Science and Technology Policy.

A second report,from the University of Vermont's Queer and Trans People in Education (QTPiE),is slated for release later this year. The report will cover the results of mixed-methods research to understand the current challenges and opportunities institutions face related to the collection and use of SOGI data. It will also include the development of best practice guides for effective and ethical SOGI data collection and use. The Catalyzing a Data Infrastructure to Support LGBTQ Inclusion initiative will also support five institutions through the implementation of data practices.