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EEOC to Add Nonbinary Gender Option on Charge Intake Form (1)

March 31, 2022, 1:06 PMUpdated: March 31, 2022, 2:35 PM

The U.S. Equal Employment Opportunity Commission will add a nonbinary option for people filing discrimination charges, the agency announced.

Currently, when a worker files a charge with the EEOC, the only two gender options they can choose are male or female. People who are nonbinary don’t identify as male or female. The EEOC will add an “X” option for their intake and charge filing process, the agency said Thursday.

“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,” EEOC Chair Charlotte Burrows said in a statement.

The EEOC suggested earlier this month that it would add a non-binary option to its EEO-1 form, the form detailing protected categories of workers that companies with more than 100 employees must provide to the government.

A change to the EEO-1 form would require a vote of the full commission followed by approval of an information collection request by the Office of Budget and Management.

The EEOC’s announcement came on the Transgender Day of Visibility, and is part of a broader White House initiative to promote gender inclusivity across the federal government. According to a fact sheet released by the White House Thursday, other federal agencies such as the State Department are beginning to account for nonbinary Americans in their processing forms as well.

The Labor Department’s Office of Federal Contract Compliance Programs also said in November that the agency was looking into options for federal contractor employees to self-identify as nonbinary.

(Story updated to include information on the White House's initiative to promote gender inclusivity.)

To contact the reporter on this story: J. Edward Moreno at jmorenodelangel@bloombergindustry.com

To contact the editor responsible for this story: Laura D. Francis at lfrancis@bloomberglaw.com