Texas Mandates Binary Sex Classifications: 5 Tips for Employers on Employee Data Collection and More
Texas lawmakers recently passed a slew of bills affecting transgender and nonbinary individuals, and one in particular could have a huge impact on your workplace. HB 229 makes clear that state law will recognize only two sexes – male and female – and rejects nonbinary or gender-identity based designations for all purposes including state government data collection. This will impact not only gender discrimination claims under the Texas Labor Code but also how employers collect and share demographic information. While we expect civil rights groups to challenge the new law, it is slated to take effect on September 1, and employers should be prepared for its impact on workplace operations and data collection. Here are the key takeaways and steps you can take to create both a compliant and inclusive workplace. What Changed? Definitions: HB 229 provides very detailed and specific definitions of “male” and “female” based on biological sex at birth. The new law states that, under Te...