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Nonbinary Gender Option Added to EEOC’s Discrimination Charge Intake Process

2022-03-31

Today is Transgender Day of Visibility

To promote greater equity and inclusion for members of the LGBTQI+ community, the Equal Employment Opportunity Commission (EEOC) is updating its intake process.  Individuals filing a discriminating charge will have the option to select a nonbinary “X” gender marker during the voluntary self-identification questions.  The demographic questions relating to gender will be updated in the online public portal, as well as the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form.  The charge of discrimination form will also be updated to include “Mx” in the list of prefix options.

The White House released a fact sheet on Transgender Day of Visibility, March 31st, that summarizes activities across the federal government to introduce a nonbinary “X” gender marker.  EEOC is relying on the Centers for Disease Control and Prevention’s National Center for Health Statistics (NCHS) proposal for defining “X.”  Earlier this year, the NCHS released a proposed definition of “X,” based on user testing.   The definition has two parts: (1) “unspecified,” which promotes privacy for individuals who prefer not to disclose their gender identity; and (2) “another gender identity,” which promotes clarity and inclusion for those who wish to signify that they do not identify as male or female. 

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.