CHAPTER 104:
COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA

Sec. 104.1.	Findings and Purpose.
Sec. 104.2.	Definitions.
Sec. 104.3.	Data Collection and Training.
Sec. 104.4.	Confidentiality and Privacy.
Sec. 104.5.	Contracts and Grants.
Sec. 104.6.	Waivers and Exclusions.
Sec. 104.7.	Rules and Regulations.
Sec. 104.8.	Monitoring and Reporting.
Sec. 104.9.	Undertaking for the General Welfare.

 

SEC. 104.1. FINDINGS AND PURPOSE.

   The City and County of San Francisco is committed to using data to identify the needs of San Franciscans and to evaluate whether the City is effectively and equitably meeting those needs.

   However, many City departments and contractors that provide critical public services, such as housing, health care, and public assistance benefits, do not collect information on the sexual orientation or gender identity of the clients they serve. As a result, it is difficult to quantify the needs of the lesbian, gay, bisexual, and transgender (LGBT) population, to identify programs in which they are underrepresented or underserved, and to track improvement in access to services over time.

   Even in the absence of widespread data collection, research suggests that LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, food insecurity, substance abuse, and violence. For example, according to a 2011 report issued by the Institute of Medicine (IOM), a division of the National Academies of Sciences, Engineering, and Medicine, the homeless youth population includes a disproportionate number of lesbian, gay, and bisexual youth.

   The IOM report also found that: rates of smoking, alcohol consumption, and substance abuse may be higher among lesbian, gay, and bisexual youth and adults than heterosexual youth and adults; LGBT youth report experiencing elevated levels of violence, victimization, and harassment; and, lesbians and bisexual women may use preventive health services less frequently than heterosexual women.

   Notwithstanding these preliminary findings, there are significant gaps in research relating to LGBT health and well-being. As a result of these gaps, the 2011 IOM Report concluded that "[m]ore demographic data on lesbian, gay, bisexual and transgender people across the life course are needed, as are data on LGBT subpopulations."

   Collecting demographic data on sexual orientation and gender identity is a necessary first step to understand the extent to which LGBT people are experiencing disparities in health and well-being and whether San Francisco's programs and services are reaching LGBT people in need of care and assistance.

   The purpose of this Chapter 104 is to accelerate the collection and analysis of sexual orientation and gender identity data in order to evaluate how City agencies can better serve the needs of LGBT San Franciscans.

(Added by Ord. 159-16, File No. 160362, App. 8/4/2016, Eff. 9/3/2016)

SEC. 104.2. DEFINITIONS.

   For purposes of this Chapter 104:

   "City" means the City and County of San Francisco.

   "Client" means an individual who seeks or receives Direct Services from a Covered Department, Contractor, or Grantee.

   "Contract" means any agreement between a Covered Department and a Person to provide Direct Services on behalf of the City for a price to be paid out of monies deposited in the City Treasury or out of trust monies under the control of or collected by the City, but excluding agreements for a cumulative amount of $50,000 or less per vendor in each fiscal year.

   "Contractor" means a Person who enters into a Contract with a Covered Department.

   “Covered Department” means the Department of Public Health, the Department of Human Services, the Department of Disability and Aging Services, the Department of Children, Youth and their Families, the Department of Homelessness and Supportive Housing, and the Mayor’s Office of Housing and Community Development.

   "Demographic Information" means information about an individual's gender, race, or ethnicity.

   "Direct Services" means services intended to assist Clients to access health care, temporary shelter, transitional housing, supportive housing, permanent housing, employment, vocational training, public assistance, or counseling. "Direct Services" does not include licensing, permitting, or other administrative or business functions undertaken by Covered Departments, Contractors, or Grantees.

   "Gender Identity" has the meaning set forth in Section 3304.1(c) of the Police Code.

   "Grant" means any agreement between a Covered Department and a nonprofit entity to provide Direct Services to the public or a portion of the public, whether the agreement is funded by the City or by Federal or State grant funds, but excluding grants where the award amount is less than $50,000 per vendor in each fiscal year.

   "Grantee" means a Person who receives a Grant from a Covered Department.

   "LGBT" means lesbian, gay, bisexual, or transgender.

   "Person" means any natural person, corporation, sole proprietorship, partnership, association, joint venture, limited liability company, or other legal entity.

   “Sexual orientation” has the meaning set forth in Section 131.1(c) of the Labor and Employment Code.

(Added by Ord. 159-16, File No. 160362, App. 8/4/2016, Eff. 9/3/2016; amended by Ord. 109-24, File No. 240281, App. 6/6/2024, Eff. 7/7/2024)