An open letter to the President & U.S. Congress

Fix the discriminatory EEOC gender question on job applications

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I've been applying to jobs recently, and many applications have asked for my gender. Often, the question has only three possible answers: Male, Female, and some version of "Opt out" or "Decline to specify". The lack of other options is clearly discriminatory against people with non-binary genders. When I asked one employer about this, they said the information was being collected for submission to the Equal Employment Opportunity Commission and claimed that the EEOC only allows those three responses. I looked into this and found that in fact the form used to submit this data to the EEOC has a comments area which employers are allowed to use to correctly enumerate non-binary genders of respondents. This needs to be fixed. The EEOC should require employers to accept and report non-binary gender responses, and the EEOC needs to aggressively educate employers about this and publicize it, so that employers—and vendors of applicant tracking systems—can no longer claim that the EEOC requires them to ask a discriminatory question. It is more than a little ironic that information-gathering whose ostensible goal is to help the EEOC reduce discrimination is itself being conducted in a discriminatory fashion. This should be remedied immediately.

▶ Created on February 7, 2023 by Jonathan

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