EEOC Adds 'X' Gender Marker to Questions During Charge Intake

Allen Smith, J.D. By Allen Smith, J.D. June 28, 2022
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A nonbinary professisonal

​The U.S. Equal Employment Opportunity Commission (EEOC) announced on June 27 full implementation of the opportunity to select a nonbinary "X" gender marker during the intake process for filing a charge of discrimination, fulfilling a promise made in March. Nonetheless, there still is no box for nonbinary individuals to check on the EEO-1 form. We've gathered articles on the news from SHRM Online and other news outlets.

Greater Inclusion

"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."

(EEOC)

'Mx.' Added to Prefix Options

The EEOC also updated its charge of discrimination form to include "Mx." in the list of prefix options. The agency said in March that it would incorporate the Centers for Disease Control and Prevention's National Center for Health Statistics proposal for how to define "X" in a way that promotes clarity and inclusion, safety, and privacy for individuals.

(SHRM Online)

Number of Nonbinary Individuals Is Increasing

The number of people identifying as "gender nonbinary" is on the rise, shifting the diversity conversation and raising new compliance challenges.

(SHRM Online)

Misgendering Nonbinary Employees on EEO-1 Form Is Common

The EEOC thus far has not added a box on the EEO-1 form to designate the gender of employees who are nonbinary. Employers unaware of the option to use the comments section to note nonbinary employees might unwittingly misgender employees as male or female as a result, legal experts say.

(SHRM Online)

Coming Out Safely as Nonbinary at Work

Employers can take steps to help employees feel safe about coming out as nonbinary at work. These steps may include creating a forum for open and honest conversations, allyship and listening to what employees say they need without making assumptions, then proceeding accordingly.

(Harvard Business Review)

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