EEOC Adding Nonbinary Gender Option to Charge Form

By Community Manager posted 04-01-2022 11:50 AM


The U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that it will allow employees to select a nonbinary ‘X’ gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination.

The EEOC will update the voluntary demographic questions relating to gender in the online public portal that members of the public use to submit inquiries about filing a charge of discrimination and the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form that are sometimes used in lieu of the portal. The EEOC will also modify its charge of discrimination form to include “Mx.” in the list of prefix options.

The EEOC will incorporate the Centers for Disease Control and Prevention’s National Center for Health Statistics (NCHS) proposal for how to define ‘X.’ NCHS’s proposed definition of ‘X,’ based on user testing performed earlier this year, has been summarized in this fact sheet. It 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. More information is available at