Collecting Sexual Orientation and Gender Identity Data in New York
In 2023, NYS passed Executive Law Section 170-g, a law that requires state agencies to capture (to the extent practicable) sexual orientation and gender identity (SOGI) data in all places where the agency currently collects ancestry and ethnic origin data from customers interacting with the agency. As a part of that law, agencies that have not complied must provide the public with periodic updates about the implementation status of adding SOGI fields to data collection tools.
This page provides a brief progress report on NYSDOL’s work toward implementing the collection of SOGI data. Customer data collected through the Unemployment Insurance (UI) System as well as in Career Centers through customer intake forms are subject to SOGI data collection under this law.
The progress statement will be updated every six months, The next update will be posted November 1, 2025.
Currently, NYSDOL’s UI System, through which customers are able to apply for and manage their benefits, is undergoing a multi-year modernization that prevents the Department from updating the system to include new questions regarding sexual orientation and gender identity. At this time, the system design and development stages of the UI modernization project are complete. NYSDOL, along with the Office of Information and Technology Services (ITS) as well as the vendor contracted by NYSDOL to build the new system, are leading an extensive testing process to ensure that it performs properly and meets all necessary security requirements. NYSDOL will explore incorporating SOGI data collection questions after the new UI System has successfully launched and the Department, along with ITS, has determines it can be safely updated.
UI customers make up a significant portion of customers served by our Career Centers. Data is shared from the current UI system to the workforce system for which a modernization project is also being contemplated. The Department plans to time the collection of these new data elements in each system so that they occur simultaneously. Doing so will ensure alignment, consistency and less confusion for our customers.