Third Gender Option

On November 9th 2017 the Federal Constitutional Court in Germany decided that people, who permanently do not assign themselves to the female or male  gender deserve a positive sex description. Beside choosing the entry female or male,  the only possibility  up to this moment was to leave the entry in the natal register  regarding gender empty, the Federal Constututional Court’s judgement demands the implementation of a third gender option to ensure for persons with a variation of sexual development to have an entry which actually mirrors their sex. With this decision concerning the third gender option the legal amendment of details within the natal register followed on January 1st, 2019 and therewith the implementation of the third option ‘divers’. Nevertheless the adjustments do not contain a fullfilment obligation for administrations and the economy, there are overlaps with employment law, which complicates the realization in conformity with the law.


Within our HOW TO No. 7 (available in German only) we explain the meaning of sex in our society, what the implementation of the third gender option means and which are the consequences for employers. Furthermore the guide provides several measures to implement the legal changes in your organization and develop an open culture.