The Equal Employment Opportunity Commission has asked the White House Office of Management and Budget (OMB) for approval to change the EEO-1 Report’s instructions relating to employees that self-identify as non-binary. Employers likely will be required to report all employees as either male or female in the next reporting cycle.
For the past several years, the EEOC has instructed employers that they may report non-binary employees separately in a comment box on the EEO-1 Report. The EEOC now seeks to remove this instruction.
While the current EEO-1 Report has been approved through next year, discontinuing the EEO-1 Report has been a policy priority of some groups, as evidenced in Project 2025. The fact that the EEOC made this request suggests that the commission intends to move forward with the EEO-1 data collection for 2024.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.