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EEOC Adds “X” Nonbinary Gender Marker to Intake Process

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EEOC Adds “X” Nonbinary Gender Marker to Intake Process
  The Equal Employment Opportunity Commission (EEOC) announced that it has fully implemented the opportunity for individuals to select the nonbinary gender marker “X” when completing intake forms for filing a charge of discrimination. Individuals can choose “X” as an option at two critical stages of the process of filing a charge of discrimination, as follows:
  • “X” is now an option to choose in response to the voluntary demographic questions relating to gender in the online public portal to submit questions about filing a charge of discrimination, the Online Spanish Initial Consultation Form, and the Pre-Charge Inquiry Form;
  • The charge of discrimination form now contains “Mx.” as an option in its list of prefix options.
  The EEOC previously announced its intent to incorporate the recommendations of the Centers for Disease Control and Prevention (CDC)’s National Center for Health Statistics in defining “X” in a clear, inclusive, safe, and private way for individuals. The agency’s implementation of this change occurred during Pride Month to promote “greater inclusion for members of the LGBTQI+ community,” according to EEOC Chair Charlotte A. Burrows. Despite these changes, there is still no option on the EEO-1 Form for non-binary individuals to select to designate their gender properly. Unless employers are aware of the ability to use the comments section of the form to designate an employee as non-binary, employers may inadvertently misgender employees. Using the comments section on the EEO-1 Form is one way that employers could make the workplace a safe place for nonbinary employees. HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.
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