In 2012, the Social Security Administration (SSA) reviewed all of its existing gender policies to determine what changes to make, if any, in an effort to provide meaningful access to all of our programs by providing discrete and sensitive services to all individuals. As a part of this review, SSA consulted with and reviewed the existing policies of other Federal government agencies (e.g., the Department of Defense and the Office of Child Support Enforcement, as well as, the Railroad Retirement Board) to learn of gender policy changes that they were considering. SSA’s current gender policies associated with the sex field in its records resulted from this policy review.

NOTE: This policy does not apply to data exchanges for research and statistical purposes or other data exchanges outside of the Office of Data Exchange, Policy Publications, and International Negotiations’ purview.

In September 2011, SSA removed the sex field indicator from its Social Security Number Verification Service (SSNVS) available to employers. In 2013, SSA began providing the sex field verification indicator as part of an SSN verification only when the requesting Federal or state agency or private entity submits sufficient justification. SSA implemented this decision partially because not all agencies obtain gender from their customers; therefore, they do not include gender with the SSN verification requests submitted to SSA. Our decision ensures consistency with other Federal and state agencies’ and private entities’ records that do not require their customers to disclose their sex. It is imperative we retain consistency across the government as we rely on benefit records and identity documents (e.g., Department of State passports and Motor Vehicle Administration driver’s licenses).

Agencies that require sex field verification indicator may submit a justification requesting that we include it as part of the SSN verification process.

Prior to 2013, an agency could receive the sex field verification indicator as a response data element with an SSN verification without a business need justification. For data exchange agreements negotiated and signed after the 2013 policy change, an agency may only receive the sex field verification indicator as a response data element with an SSN verification if the agency can provide justification that the sex field is required and necessary for the administration of the agency’s program.

When an agency requires sex (gender) information to administer its program(s), the requesting agency must submit written justification for SSA to include the sex field verification indicator as a part of the possible SSN verification responses. Requesting agencies should provide a written justification request that includes the following:

• •

  An explanation of how the requesting agency uses sex (or gender) to administer its program and how the absence of the sex field verification indicator hinders program administration, and

• •

  A citation of any applicable regulation(s) or legislation(s) that require(s) the agency to receive sex (gender) information.

SSA makes the decision to provide the sex field verification indicator, as a data element in a data exchange, by consensus among the following stakeholder components:

1. a. 

   Office of Data Exchange and International Agreements (ODXIA) as the lead data exchange component and facilitator;

2. b. 

   Office of General Law (OGL), Office 1, Disclosure Law Branch to assess the legal permissibility;

3. c. 

   Office of Privacy and Disclosure (OPD) to assess disclosure permissibility; and

4. d. 

   Business sponsor for programmatic permissibility.