Why Are Nonbinary Employees the Least Likely to Feel Safe at Work?
- Morgan Messick
- 1 day ago
- 8 min read
Nonbinary employees consistently report higher rates of workplace discrimination and lower feelings of belonging than their binary peers. Our 2026 Shine the Light Study, which surveyed 1,386 LGBTQIA+ employees across the United States, found that nonbinary and genderfluid respondents scored the lowest on restroom access and workplace support measures.
Just 31% of nonbinary respondents strongly agreed they can use a restroom aligned with their gender identity, compared to 44% of transgender respondents and 53% of cisgender respondents. On overall workplace support, non-binary respondents were the only gender identity group to trend negatively year over year.
These gaps are not random. Most workplaces were built on a binary framework that does not account for nonbinary identity in policy, facilities, or culture. When the system does not include you, navigating it takes a daily toll.
Why Do Non-binary People Feel Unsafe at Work?
Workplaces were built on a binary framework - and nonbinary, trans, gender non-conforming, and genderqueer employees pay the price for that every day.
Most HR systems, facilities, dress codes, and onboarding forms were designed with two gender options: male or female. For nonbinary employees - people whose gender identity does not fit exclusively into either category - this binary default sends a message before a single coworker opens their mouth:
"This place was not built for you."
This is called a binary policy structure, and it shows up everywhere:
Intake and HR forms with only "M" or "F" options
Dress codes organized by gender with no neutral option
Restroom and locker room policies that require a binary choice
Name badges and internal directories with no pronoun or title field
Onboarding documentation that assumes a gendered identity
The Study data makes the gap concrete: while 69% of all LGBTQIA+ respondents agreed they feel comfortable dressing and expressing their gender identity at work, nonbinary and genderfluid respondents scored 6 points below that average - and were one of only two groups to trend negatively year over year.
On comfort approaching leadership about discrimination, nonbinary respondents scored among the lowest of any group, with only 53% agreeing or strongly agreeing, compared to 65% of cisgender respondents.
Nonbinary employees also face a particular kind of visibility pressure. Unlike some binary transgender employees who may blend into workplace expectations after transition, non-binary and gender non-conforming people are often visibly outside the norm in a way that invites questions, assumptions, and unsolicited commentary - even from well-meaning coworkers.
Many nonbinary employees even feel the need to engage in code switching - adjusting how they present, speak, or identify depending on who is in the room - just to get through the workday. A significant portion of cognitive and emotional energy goes toward managing perception rather than doing the actual job.
It is worth noting that comfort expressing gender identity varied meaningfully by industry. For-profit workers reported the highest comfort (71% agree/strongly agree), while government workers reported the lowest (60%). Non-binary employees in less supportive industries face compounded pressure.
What Should a Nonbinary-Inclusive Workplace Look Like?
A nonbinary-inclusive workplace does not require a complete cultural overhaul. It requires intentional updates to the systems that already exist.
Facilities
The restroom data from our 2026 Shine the Light Study is one of the clearest signals in the report. Overall, 76% of respondents agreed they can use a restroom aligned with their gender identity - but that number drops to 51% for nonbinary and genderfluid respondents. That 25-point gap reflects a daily, concrete barrier.
A clearly marked all-gender restroom removes that burden. The ADA and OSHA both support single-occupancy all-gender restroom access, and many states have updated building codes to reflect this.
HR Systems and Records
Add an open-text or multi-option gender field, not just "M/F/prefer not to say"
Allow employees to list pronouns in directories, email signatures, and internal profiles
Update name badge policies to reflect chosen names and pronouns, not legal names only
Ensure payroll and benefits systems allow gender-neutral titles (Mx. instead of Mr./Ms.)
Culture and Management
Structural changes matter more when backed by cultural ones. Our 2026 study found that 58% of respondents agreed their workplace would benefit from LGBTQIA+-focused anti-discrimination and harassment training - and non-binary respondents were among those with the highest unmet need.
Pronoun normalization, where all employees are invited (not required) to share pronouns in introductions and email signatures, reduces the burden on nonbinary and genderqueer employees to repeatedly out themselves. Manager training on misgendering response makes the difference between a policy on paper and one in practice.
For a broader framework, the Human Rights Campaign's guidance on gender identity inclusion offers a practical starting point for HR teams.
How Do I Document Discrimination as a Nonbinary Employee?
Our Study found that 49% of all LGBTQIA+ respondents agreed they had experienced or witnessed discrimination in the form of negative comments, slurs, or jokes at work. Nonbinary and genderfluid respondents trended upward on this measure (+5 agree year over year), meaning more are reporting these experiences, not fewer.
If you are experiencing workplace discrimination based on your sex, gender, or identity, documenting it carefully is one of the most important steps you can take.
What counts as discrimination:
Repeated deliberate misgendering after correction
Being denied access to facilities
Exclusion from opportunities or promotions related to gender identity
Harassment, mockery, or hostile comments about your gender
Retaliation for reporting any of the above
How to document it:
Write down dates, times, locations, and exact words used as soon as possible after each incident
Note any witnesses who were present
Save written communication (emails, Slack messages, texts) where the conduct occurred
Keep copies somewhere outside of company systems
Where to report:
Your company's HR department or designated EEO officer (keep a copy of your complaint)
The EEOC - you can file online, by mail, or in person
Your state's civil rights or labor agency, which may offer additional protections
A private employment attorney - many offer free initial consultations
For more on your legal rights at work, read navigating employment discrimination as an LGBTQIA+ employee.
Employer Audit: Is Your Workplace Actually Inclusive?
Run through this checklist. It is a starting point, not a grade.
Do our HR intake and employee profile systems include options beyond "M/F"?
Do we have at least one gender-neutral restroom available on-site?
Can employees list pronouns in internal directories, email signatures, and on badges?
Does our dress code include a gender-neutral option?
Have managers received training on inclusion and misgendering response?
Does our anti-discrimination policy explicitly name gender identity and expression?
Does our onboarding process use gender-neutral language by default?
Is there a clear, safe reporting path for gender identity-related discrimination?
If you answered "no" to three or more, your workplace has structural gaps - not just cultural ones.
Steps Nonbinary Employees Can Take Right Now
Systemic change is slow. In the meantime, there are things within your control.
Put your pronoun preference in writing. An email to HR or your manager creates a paper trail and makes future misgendering harder to dismiss as accidental.
Identify at least one ally. A coworker, manager, or HR contact who understands and respects your identity can be a practical resource when issues arise.
Start a documentation habit now even if nothing has happened yet. A running dated log of how your identity is treated at work is valuable if you ever need to escalate.
Know your rights. Bookmark the EEOC's page on sex discrimination so you have it if you need it.
Connect with community. Out & Equal Workplace Advocates offers resources specifically for LGBTQIA+ employees navigating workplace challenges.
Frequently Asked Questions
Is "nonbinary" the same as "non-binary"?
Yes - both spellings refer to the same identity. "Nonbinary" is becoming the more common style in professional and media contexts, but "non-binary" is still widely used and equally valid. This post uses both.
What is the difference between nonbinary and genderqueer?
Genderqueer is an older umbrella term that predates "nonbinary" and is still used by many people to describe a gender identity outside the male/female binary. Some people use both terms interchangeably; others see them as distinct. Both identities face similar structural barriers in the workplace.
What does gender non-conforming mean?
Gender non-conforming (GNC) describes people whose gender expression - how they dress, present, or behave - does not match society's expectations for their assigned gender. A person can be gender non-conforming without identifying as nonbinary, though there is significant overlap. GNC employees face many of the same workplace challenges covered in this post.
Are nonbinary employees protected under federal law?
Yes. The Supreme Court's 2020 ruling in Bostock v. Clayton County established that Title VII of the Civil Rights Act protects employees from discrimination based on gender identity and sexual orientation. The EEOC has since affirmed that this protection applies to nonbinary employees as well.
What should I do if my employer refuses to use my pronouns?
Document each incident with dates and context. Submit your pronoun preference in writing to HR to create a formal record. If the behavior continues after correction, it may constitute harassment under Title VII. You can file a charge with the EEOC or consult an employment attorney.
What if I am transgender, genderqueer, or gender non-conforming - do these resources apply to me?
Yes. The protections, documentation strategies, and workplace inclusion frameworks in this post apply to anyone whose gender identity or expression falls outside the binary - including trans, genderqueer, gender non-conforming, genderfluid, and agender individuals.
Resources and Support
2026 Shine the Light Study - full findings on LGBTQIA+ workplace experiences
Workplace Psychological Safety for Trans and Nonbinary Employees - related reading from our blog
Navigating Employment Discrimination: Legal Rights for LGBTQIA+ Employees
EEOC: Filing a Charge of Discrimination
You are not navigating this alone. If you are a nonbinary, non-binary, genderqueer, or gender non-conforming employee facing an unsafe or unwelcoming workplace, you have more rights and resources than many employers want you to know about. The work of building inclusive spaces belongs to everyone - and it starts with refusing to accept systems that were never built for you.
Ready to go deeper? Explore Negotiate Your Narrative for tools to advocate for yourself at work, or try Outshine - free, AI-powered interview coaching built for LGBTQIA+ experiences, so you can walk into every opportunity ready.
________________________________________________________________________
Important Notice
The views expressed in blog articles, interviews, and guest submissions on this website belong solely to the individual authors and do not necessarily reflect the official policies or positions of Be The Transformational Change Fund (BTTC).
BTTC's content is intended for education and awareness around LGBTQIA+ and transgender community issues and to spark discussion. Nothing on this site should be read as an endorsement of, or opposition to, any political candidate, political party, or legislation.
This content is not legal, financial, medical, psychological, or therapeutic advice, and it does not create any advisory, professional, or client relationship between you and BTTC. Do not rely on it as a substitute for advice from a qualified professional. Before you act on anything you read here, consult an attorney, a licensed clinician or physician, a financial advisor, or another appropriate expert who can assess your specific situation. We make no promises about outcomes, and we do not warrant that this content is accurate, complete, or current.
You use this content at your own risk. To the fullest extent allowed by law, BTTC is not liable for any loss or harm arising from your use of or reliance on it. Nothing here limits liability that cannot be limited under applicable law. This notice is governed by the laws of the State of Delaware.
CMS Tags: Nonbinary, LGBTQIA+, Workplace Discrimination, HR Policy, Inclusion, Trans Rights, Gender Identity, EEOC, Shine the Light Study
Comments