EEOC Adds X Gender Marker to Voluntary Questions During Charge Intake Process

U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Equal Employment Opportunity Commission (EEOC)

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today full implementation of the opportunity to select a nonbinary “X” gender marker during the intake process for filing a charge of discrimination.

“By adding a nonbinary gender marker option to the EEOC’s charge intake process, the EEOC is delivering on a public commitment that we made on Transgender Day of Visibility (March 31) and promoting greater inclusion for members of the LGBTQI+ community,” said EEOC Chair Charlotte A. Burrows. “During Pride Month, it is especially important to make clear that in advancing the EEOC’s mission to prevent and remedy employment discrimination, we must serve all workers, including those who do not identify as exclusively male or female. Our public-facing charge forms now make clear that we respect that diversity.”

Consistent with the growing recognition that presenting only “male” and “female” options does not reflect the full range of gender identities, the EEOC has added an option to select a nonbinary “X” gender marker during two critical stages of the intake and charge filing process:

  • The EEOC has updated 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 has also modified its charge of discrimination form to include “Mx.” in the list of prefix options.

“The EEOC embraces the diversity of the American public, including LGBTQI+ workers,” said EEOC Vice Chair Jocelyn Samuels. “The EEOC's procedures are open to everyone, regardless of their gender identity, who believes that they have been subject to discrimination in the workplace.”

Full implementation of these changes comes during Pride Month, as the EEOC works to celebrate the LGBTQI+ community.

To find out more about LGBTQI+ discrimination, visit https://www.eeoc.gov/sexual-orientation-and-gender-identity-sogi-discrimination.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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