Why do we have to guess the sex of the applicant if they do not provide it? I am not comfortable guessing whether the applicant is female or male and taking the chance that if inaccurate, the applicant may be offended.
There are a couple of issues to address under this question. Whether the data must be collected and reported is dependent upon the manner in which the application was taken (see chart below). Regarding making a decision to collect and report the sex of an applicant who is transgender was addressed by the CFPB via allowance for the consumer to select both male and female. You should rely on guidance provided by your legal counsel or compliance expert in addition to the guidance by the CFPB.<BR><BR>A chart <i>(see category - <strong>Ethnicity, Race & Sex (Chart)</strong>)</i> of the specific requirements for documenting ethnicity, race and sex is provided for your use in determining whether or not to document this data via visual observation or surname, based on the manner in which the application is taken, is provided below.