EEOC to add non-binary gender option to discrimination charge intake process


The U.S. Equal Employment Opportunity Commission (EEOC) announced on Friday, March 31, that it will people the option 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 announcement came on Transgender Day of Visibility.

“The addition of a nonbinary gender marker to the EEOC’s charge intake process will be an important step to promote greater inclusion for members of the LGBTQI+ community,” said EEOC Chair Charlotte A. Burrows. “To advance our mission to prevent and remedy employment discrimin­ation, we must serve all workers, including those who do not identify as male or female. Our public-facing forms should make clear that we respect that diversity.”

The EEOC will add an option to mark “X” during two stages of the intake and charge filing process:

  • 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, as well as 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.

Samuels said, “Sexual orientation and gender identity are core aspects of every individual’s identity. The EEOC’s announcement that it will add a nonbinary gender marker to these forms will ensure that the identities of all those who come to our agency for assistance are acknowledged and embraced.” 

The EEOC will incorporate the Centers for Disease Control and Prevention’s National Center for Health Statistics (NCHS) proposal for how to define “X” in a way that promotes clarity and inclusion, as well as safety and privacy for individuals.