The “Non-Binary” Dilemma: Federal Gender Reporting When “Male” & “Female” Are No Longer the Only Realities in the Workplace

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Background: Both biology and culture have overtaken the historically simple “binary” reporting systems of the biologically designated sex of human beings. (Binary means one or the other of two choices…either “male” or “female” in the EEO-1 reporting context, for example.)

Most countries, including in the Unites States and its states and territories, have used simple binary (male/female) identification and reporting systems for centuries to report employee headcounts and when issuing driving licenses and birth certificates, among others. “Blue is for boys” and “pink is for girls” has been the fashion statement in America for a

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