The EEOC Adds Nonbinary Gender Marker to Intake Process

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Patricia Tsipras

March 31, 2022

Today, Transgender Day of Visibility, the U.S. Equal Employment Opportunity Commission announced that it will give individuals the option to select a nonbinary “X” gender marker during two stages of the intake and charge filing process.  First, the EEOC will update the voluntary demographic questions relating to gender in the online portal that members of the public use to submit inquiries about filing a charge of discrimination.  The EEOC also will update forms that sometimes are used in lieu of the portal.  Second, the EEOC will modify its charge of discrimination form to include “Mx.” in the list of prefix options.  “X” will be defined in two ways:  (1) “unspecified,” for individuals who prefer not to disclose their gender identity; and (2) “another gender identity,” for those who wish to signify that they do not identify as male or female.

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