Workers who believe they are neither male nor female may be omitted from calculations on the pay gap between men and women, according to guidelines issued by the Department of Children, Equality, Disability, Integration and Youth.

The ‘gender pay gap’ is the difference in the average hourly wage of men and women across a workforce. 

The Gender Pay Gap Information Act 2021 requires organisations to report on their hourly gender pay gap across a range of metrics.

Organisations with over 250 employees are being asked to report on the matter for the first time in 2022.

However, in instances where an employee does not self-identify as either gender, an employer may omit the individual from the gender pay-gap calculations.

“It is important for employers to be sensitive to how an employee identifies in terms of their gender,” the guidance states.

The regulations do not define the terms ‘male gender’ and ‘female gender’.

'Singled out'

“The requirement to report a gender pay gap should not result in employees being singled out and questioned about their gender,” the departmental guidance states.

Information on the gender pay gap and guidelines on calculating the range of metrics for the gender pay gap have been published by the Department of Children, Equality, Disability, Integration and Youth, along with responses to frequently asked questions, and are available online at https://www.gov.ie/en/campaigns/0cb29-gender-pay-gap-information-act-2021/.

The guidelines and FAQs are being updated on an ongoing basis in response to queries received, the department has said.

'Neither male nor female'

It confirmed that it had received a request for clarification on the categorisation of employees who do not identify as either male or female, in terms of an employer’s gender pay-gap report. 

Larger employers must choose a snapshot date in June to gather the data, and report six months later.

Information must be published on the employer’s website for at least three years.