The U.S. Equal Employment Opportunity Commission (EEOC) thus far has not added a box on the EEO-1 form to designate the gender of employees who are nonbinary. Employers unaware of the option to use the comments section to note nonbinary employees might unwittingly misgender employees as male or female as a result, legal experts say.
Nonbinary Individuals
"Nonbinary is an umbrella term for individuals who don't identify as exclusively male or female," said Helen Friedman, Ph.D., a clinical psychologist in St. Louis. "They may identify with more than one gender (bigender), partially with one gender (demigender), with no gender (agender), a third gender or have a fluctuating gender identity (genderfluid)."
Friedman said that in recent years, subcategories of nonbinary have proliferated and become more nuanced.
"Someone who is nonbinary or genderqueer may at times identify as or embody some traits that may appear to fit within the label of what we might associate with masculine or feminine traits, but this is not the full picture," said Michelle Phillips, an attorney with Jackson Lewis in White Plains, N.Y. "Individuals who are nonbinary are not constrained by binary gender labels and they may present in a more genderfluid manner."
"Understand that coming to terms with one's gender identity is a process," Friedman said. "Nonbinary individuals may come to realize that a still different name or set of pronouns is more in line with their true gender identity. Allow for this...
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