It's not clear. Technically LGBTQ is a protected class now, so it would make sense that EEOC would collect that data now. But some employment attorneys suggest there are better ways to collect this workplace data. https://www.shrm.org/resourcesandtools/legal-and-compliance/...

Many companies ask the information optionally (https://www.thehrcfoundation.org/professional-resources/self...) in order to provide appropriate benefit plans, as LGBTQ individuals may have specific health concerns that non-LGBTQ people don't have.