--- title: EEOC Adds Gender X and Prefix Mx. to Discrimination Charge Forms description: In an effort to create better equity and inclusion, the EEOC announced it will now include Gender X and prefix Mx. on its discrimination claim intake form. image: https://blog.axcethr.com/hubfs/eeoc%20non%20binary%20gender%20identity.webp --- - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![AxcetHR Solutions Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png)](https://www.axcethr.com/) - [About Us](https://www.axcethr.com/about-us/) - [Corporate Philantropy](https://www.axcethr.com/about-us/corporate-philanthropy/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Values and Culture](https://www.axcethr.com/about-us/values-and-culture/) - [Kansas PEO](https://www.axcethr.com/about-us/kansas-peo/) - [Missouri PEO](https://www.axcethr.com/about-us/missouri-peo/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - 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- - - [whatsapp://send?text=https://blog.axcethr.com/eeoc-adds-gender-x-and-prefix-mx.-to-discrimination-charge-forms](whatsapp://send?text=https://blog.axcethr.com/eeoc-adds-gender-x-and-prefix-mx.-to-discrimination-charge-forms) - [mailto:?subject=EEOC%20Adds%20Gender%20X%20and%20Prefix%20Mx.%20to%20Discrimination%20Charge%20Forms&body=https://blog.axcethr.com/eeoc-adds-gender-x-and-prefix-mx.-to-discrimination-charge-forms](mailto:?subject=EEOC%20Adds%20Gender%20X%20and%20Prefix%20Mx.%20to%20Discrimination%20Charge%20Forms&body=https://blog.axcethr.com/eeoc-adds-gender-x-and-prefix-mx.-to-discrimination-charge-forms) ![gender x non binary person](https://blog.axcethr.com/hs-fs/hubfs/gender%20x%20non%20binary%20person.webp?width=1200&name=gender%20x%20non%20binary%20person.webp) The U.S. Equal Employment Opportunity Commission (EEOC) [recently announced changes](https://www.eeoc.gov/newsroom/eeoc-add-non-binary-gender-option-discrimination-charge-intake-process) to its discrimination charge intake process. In an effort to promote greater equity and inclusion for members of the LGBTQI+ community individuals who identify as non-binary will have the option to select gender “X” when filing a discrimination claim with the EEOC. Additionally, the EEOC will add Mx. as a prefix. According to EEOC Vice Chair Jocelyn Samuels, “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.”  RELATED: [Everyone Belongs - A Guide To Inclusion in the Workplace >>](https://blog.axcethr.com/everyone-belongs-a-guide-to-inclusion-in-the-workplace) ## [![diversity equity and inclusion changes to make in your workplace](https://no-cache.hubspot.com/cta/default/2652187/617b2b05-4fc3-4984-8193-385271b0f7da.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/617b2b05-4fc3-4984-8193-385271b0f7da) ## What to Expect During the EEOC Charge Filing Process Option “X” will be available during the following two stages of the EEOC discrimination charge filing process: - ### Voluntary Demographic Questions Relating To Gender Voluntary demographic questions will include gender “X” located in the online public portal used by the public to submit discrimination charge filing inquiries. This will also be included as a voluntary self-identifier on the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form that may be used in lieu of the portal. - ### Prefix Options A modified charge of discrimination form will now include “Mx.” in the list of prefix options. [![he she or they non binary gender identity workplace inclusion](https://no-cache.hubspot.com/cta/default/2652187/bbc00b6c-6b11-43eb-9051-dc1c0f38d3b6.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/bbc00b6c-6b11-43eb-9051-dc1c0f38d3b6) ## Non-Binary Percentage of U.S. Population Until last year, there was no data available to account for what portion of the population identifies as non-binary. In June 2021, a study by [Williams Institute, the UCLA School of Law](https://williamsinstitute.law.ucla.edu/publications/nonbinary-lgbtq-adults-us/), released its data that found 1.2M individuals in the U.S. identify as a gender outside of the traditional man-woman binary. This is about two times the population of the entire county of Johnson County, Kansas. Right on the heels of this study, the U.S. Census released [a new version of its questionnaire](https://www2.census.gov/programs-surveys/demo/technical-documentation/hhp/Phase3-2_2021_Household_Pulse_Survey_User_Notes_081121.pdf) in July 2021 that, for the first time ever, included questions about sexual orientation and gender identity.  RELATED: [Diversity in the Workplace is a Bigger Deal in Recent Years >>](https://blog.axcethr.com/diversity-in-the-workplace-is-a-bigger-deal-in-2020) ## The American Workplace and Non-Binary Employees The American workplace has made significant moves in recent years toward creating more inclusive environments for members of the LGBTQI+ community. As younger workers replace older generations in the workforce, the number of non-binary individuals will likely increase. Making sure your business’ culture and policies promote a diverse and inclusive work environment is a must.  ### Here are nine steps you can take to provide a more inclusive workplace for non-binary employees: - Double-check your hiring guidelines to ensure they state that gender designations of any kind will not be considered in your company’s employment practices. - Make sure your policies note that your organization does not tolerate discrimination or harassment against nonbinary workers. - Consider replacing “he-” and “she”-related pronouns in your employee handbook, policies, and other materials with “they,” “them” and “their.” - Eliminate any gender-specific restrictions or rules in your dress code, replacing them with references to appropriate professional dress for your workplace. - Revisit your onboarding and employee training materials and practices. Amend them as needed to ensure they communicate that gender-neutral employees are to be treated with the same respect and professionalism as all others are. - Allow employees to use restrooms that correspond to their personal gender identity. This may mean that, for nonbinary employees, you need to create private, unisex, centrally located facilities that may be used by any employee at any time. - Consider allowing employees to list their pronouns – he/his/him, she/her/hers or they/them/theirs – on job applications, in company HR systems and in their email signatures. During the onboarding process, use employees’ preferred pronouns in introducing them. Consistently model the practice of referencing gender-nonconforming workers using their preferred pronouns. - If you learn that a current employee prefers not to be treated as male or female, let the employee know that your organization will take steps to make sure the worksite is inclusive and professional. - Conduct additional training or otherwise educate your team so that managers and colleagues are well aware of the company’s acceptance of the employee’s status. Explain how they are expected to refer to and interact with the employee. Abide by the nonbinary employee’s wishes to be included in the educational process – or not. [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/698e88dd-758d-49fb-ac14-d01b6192690f.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/698e88dd-758d-49fb-ac14-d01b6192690f) ## Beyond the EEOC: Other Official Documents That Allow Non-Binary Gender Selection The EEOC isn’t the only government agency that has adopted the gender X selection. Starting in late 2023, [individuals applying for a U.S. passport](https://travel.state.gov/content/travel/en/passports/need-passport/selecting-your-gender-marker.html) will be able to select the non-binary gender selection when filling out their passports. Additionally, 21 states plus the District of Columbia now include gender X as a selection on driver’s licenses. Currently, Kansas and Missouri do not provide a gender X option on state-issued driver’s licenses. RELATED: [Eight Mistakes Companies Make When the EEOC Comes Knocking >>](https://blog.axcethr.com/eight-mistakes-companies-make-when-the-eeoc-comes-knocking) ## Moving to a More Diverse and Inclusive Workplace As we move into the future, non-binary individuals in the workplace and their needs will become more mainstream. In the meantime, employers should take steps to move in the direction of diversity, equity and inclusion. At Axcet HR Solutions, [our well-experienced team of HR professionals](https://www.axcethr.com/about-us/meet-the-team/) can provide the support and answers you need when it comes to diversity and inclusion. [Click here to reach out to us today](https://www.axcethr.com/schedule-consultation/).   [![See if a PEO makes sense for your business](https://no-cache.hubspot.com/cta/default/2652187/18caba7b-fa27-458e-b41c-5af2422700be.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/18caba7b-fa27-458e-b41c-5af2422700be) [![Mariah Collins, SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Mariah_DSC6768-Edit.jpg?width=80&height=80&name=Mariah_DSC6768-Edit.jpg)](https://blog.axcethr.com/author/mariah-collins) Written by #### [Mariah Collins, SHRM-SCP](https://blog.axcethr.com/author/mariah-collins) Mariah Collins, SHRM-SCP, is a Human Resources Consultant at Axcet HR Solutions, specializing in people management, process improvement, and project management. With a strong background in payroll, benefits, and employee relations, she brings over four years of experience in providing HR solutions to small businesses. Mariah holds a Bachelor of Business Administration in Human Resources from Emporia State University and is known for her expertise in helping businesses streamline HR processes while ensuring compliance. Her contributions to the Axcet blog reflect her deep understanding of HR challenges and her commitment to supporting small business owners. Read more [View all posts →](https://blog.axcethr.com/author/mariah-collins) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) - [services HR Compliance](https://www.axcethr.com/services/human-resources/hr-compliance-specialist/) #### [Crisis Management: Seeing Your Employees Through Challenging Times ![business crisis management leading employees through challenging times](https://blog.axcethr.com/hubfs/leading%20employees%20through%20a%20crisis.webp)](https://blog.axcethr.com/crisis-management-seeing-your-employees-through-challenging-times) #### [![employee compensation for 20 minute or less breaks](https://blog.axcethr.com/hubfs/flsa-and-employee-compensation-for-breaks-20-minutes-or-less%20(1).webp) FLSA Rules and Employee Compensation for Breaks 20 Minutes or Less](https://blog.axcethr.com/flsa-rules-and-employee-compensation-for-breaks-20-minutes-or-less) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateModified" : "2025-05-08T17:42:57.183Z", "datePublished" : "2022-04-19T17:22:36.000Z", "headline" : "EEOC Adds Gender X and Prefix Mx. to Discrimination Charge Forms", "image" : [ "https://blog.axcethr.com/hubfs/eeoc%20non%20binary%20gender%20identity.webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/eeoc-adds-gender-x-and-prefix-mx.-to-discrimination-charge-forms", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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In an effort to promote greater equity and inclusion for members of the LGBTQI+ community individuals who identify as non-binary will have the option to select gender “X” when filing a discrimination claim with the EEOC. Additionally, the EEOC will add Mx. as a prefix. According to EEOC Vice Chair Jocelyn Samuels, “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.” RELATED: Everyone Belongs - A Guide To Inclusion in the Workplace >> What to Expect During the EEOC Charge Filing Process Option “X” will be available during the following two stages of the EEOC discrimination charge filing process: Voluntary Demographic Questions Relating To Gender Voluntary demographic questions will include gender “X” located in the online public portal used by the public to submit discrimination charge filing inquiries. This will also be included as a voluntary self-identifier on the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form that may be used in lieu of the portal. Prefix Options A modified charge of discrimination form will now include “Mx.” in the list of prefix options. Non-Binary Percentage of U.S. Population Until last year, there was no data available to account for what portion of the population identifies as non-binary. In June 2021, a study by Williams Institute, the UCLA School of Law, released its data that found 1.2M individuals in the U.S. identify as a gender outside of the traditional man-woman binary. This is about two times the population of the entire county of Johnson County, Kansas. Right on the heels of this study, the U.S. Census released a new version of its questionnaire in July 2021 that, for the first time ever, included questions about sexual orientation and gender identity. RELATED: Diversity in the Workplace is a Bigger Deal in Recent Years >> The American Workplace and Non-Binary Employees The American workplace has made significant moves in recent years toward creating more inclusive environments for members of the LGBTQI+ community. As younger workers replace older generations in the workforce, the number of non-binary individuals will likely increase. Making sure your business’ culture and policies promote a diverse and inclusive work environment is a must. Here are nine steps you can take to provide a more inclusive workplace for non-binary employees: Double-check your hiring guidelines to ensure they state that gender designations of any kind will not be considered in your company’s employment practices. Make sure your policies note that your organization does not tolerate discrimination or harassment against nonbinary workers. Consider replacing “he-” and “she”-related pronouns in your employee handbook, policies, and other materials with “they,” “them” and “their.” Eliminate any gender-specific restrictions or rules in your dress code, replacing them with references to appropriate professional dress for your workplace. Revisit your onboarding and employee training materials and practices. Amend them as needed to ensure they communicate that gender-neutral employees are to be treated with the same respect and professionalism as all others are. Allow employees to use restrooms that correspond to their personal gender identity. This may mean that, for nonbinary employees, you need to create private, unisex, centrally located facilities that may be used by any employee at any time. Consider allowing employees to list their pronouns – he/his/him, she/her/hers or they/them/theirs – on job applications, in company HR systems and in their email signatures. During the onboarding process, use employees’ preferred pronouns in introducing them. Consistently model the practice of referencing gender-nonconforming workers using their preferred pronouns. If you learn that a current employee prefers not to be treated as male or female, let the employee know that your organization will take steps to make sure the worksite is inclusive and professional. Conduct additional training or otherwise educate your team so that managers and colleagues are well aware of the company’s acceptance of the employee’s status. Explain how they are expected to refer to and interact with the employee. Abide by the nonbinary employee’s wishes to be included in the educational process – or not. Beyond the EEOC: Other Official Documents That Allow Non-Binary Gender Selection The EEOC isn’t the only government agency that has adopted the gender X selection. Starting in late 2023, individuals applying for a U.S. passport will be able to select the non-binary gender selection when filling out their passports. Additionally, 21 states plus the District of Columbia now include gender X as a selection on driver’s licenses. Currently, Kansas and Missouri do not provide a gender X option on state-issued driver’s licenses. RELATED: Eight Mistakes Companies Make When the EEOC Comes Knocking >> Moving to a More Diverse and Inclusive Workplace As we move into the future, non-binary individuals in the workplace and their needs will become more mainstream. In the meantime, employers should take steps to move in the direction of diversity, equity and inclusion. At Axcet HR Solutions, our well-experienced team of HR professionals can provide the support and answers you need when it comes to diversity and inclusion. Click here to reach out to us today.", "author" : { "@id" : "https://blog.axcethr.com/author/mariah-collins#author", "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateCreated" : "2022-04-19", "dateModified" : "2025-05-08", "datePublished" : "2022-04-19", "description" : "The U.S. Equal Employment Opportunity Commission (EEOC) recently announced changes to its discrimination charge intake process. 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