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.