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EEOC Adds Non-Binary Gender Option to Discrimination Charge Intake Process

International Transgender Day of Visibility illustration of a hand made up of a heart shaped Trans flag as the palm and pink fingers on a purple background.

“We should indeed keep calm in the face of difference and live our lives in a state of inclusion and wonder at the diversity of humanity.”

- George Takei1

Trans Day of Visibility occurs on March 31 each year and was founded to honor trans and nonbinary people and acknowledge the discrimination they have faced.2 The day is also meant to celebrate the milestones, resilience, and accomplishments of the community.3

This year, Trans Day of Visibility 2022 saw an exciting new development from the Equal Employment Opportunity Commission (EEOC): a new “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.”4 This will “promote greater equity and inclusion for members of the LGBTQI+ community.5

Two critical stages of the EEO complaint filing and intake process will be impacted by this decision:

  1. Voluntary demographic questions in the online public portal (including the Pre-Charge Inquiry Form/Online Spanish Initial Consultation Form)
  2. Charge of Discrimination form will include “Mx.” in the list of prefix options6

EDI shares the values expressed in this update from the EEOC as evidenced by the amendment of our online and physical versions of the EEO Pre-Complaint Initial Contact form, Counselor Report, and Formal Complaint form.

EEOC Vice Chair Jocelyn 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.”7

The EEOC will utilize a two-part definition of “X” from the CDC’s National Center for Health Statistics (NCHS) to promote clarity, inclusion, safety, and privacy:

  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.8

As part of EDI’s Sexual and Gender Minority (SGM) portfolio goals and values, we uphold that:

  • Sexual and gender diversity adds value to our workforce and to scientific research
  • All persons deserve equal access to employment opportunity - irrespective of sexual orientation/gender identity

You can learn more about the SGM portfolio, strategist, and engagement committee by visiting the EDI website.



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