June 28, 2022

Volume XII, Number 179


June 27, 2022

Subscribe to Latest Legal News and Analysis

EEOC Revises Intake Forms to Include Non-Binary Gender Options

On March 31, 2022, on Transgender Day of Visibility, the EEOC announced that it will expand the available gender options in the voluntary self-identification questions included on its intake forms. The changes will apply to the following stages of the EEOC intake process:

  1. The voluntary demographic questions relating to gender in the EEOC’s online portal that is used by the public to submit inquiries about filing a charge of discrimination, as well as the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form, will be modified to include an option to mark “X” instead of selecting either male or female as the respective gender.

  2. The EEOC’s charge of discrimination form will be modified to include “Mx.” in the list of prefix options a Charging Party can use.

This change comes in light of the Biden Administration’s Fact Sheet announcing measures several government agencies will be taking to increase inclusion of transgender and non-binary individuals in government services.  These changes will also indicate more clearly for employers when a charging party is making a sex discrimination claim based on their transgender status, pursuant to the Supreme Court’s Bostock decision in 2020.

Although the EEOC’s announcement contains no new requirements for employers, employers may consider changing their applications and onboarding documents to include non-binary gender selections and prefix options, consistent with the EEOC’s lead.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XII, Number 94

About this Author


Tony Torain is committed to providing reliable counsel to strategically solve client matters and address their litigation needs. He represents companies in connection with all types of employment and labor disputes, including wrongful discharge and claims based upon:

  • The National Labor Relations Act
  • Title VII of the Civil Rights Act
  • The Americans with Disabilities Act
  • The Age Discrimination in Employment Act
  • The Family and Medical Leave Act
  • The Fair Labor Standards Act
  • The Occupational Safety and Health Act...
Kayla Robinson Employment Attorney Polsinelli Law Firm

Kayla Robinson is committed to understanding the industry in which clients operate. She assists employers in all aspects of employment law and litigation and helps employers implement preventative practices by drafting and reviewing employment policies. Kayla advises employers on how to stay in compliance with constantly changing local, state, and federal laws.

Kayla aids clients on a wide variety of employment-related matters, including:

  • Defense of discrimination, harassment and retaliation claims, wage and...