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ARTICLE · 30 APRIL 2025

EEOC Seeks Elimination Of Voluntary Reporting Non-Binary Data In EEO-1

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On April 15, 2025, the Equal Employment Opportunity Commission ("EEOC") submitted a "non-substantive" Information Collection Request ("ICR") to the Office of Management and Budget ("OMB")...

United StatesEmployment and HR
Guy Brenner
Guy Brenner
Mallory Knudsen
Mallory Knudsen
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On April 15, 2025, the Equal Employment Opportunity Commission ("EEOC") submitted a "non-substantive" Information Collection Request ("ICR") to the Office of Management and Budget ("OMB") for approval ahead of its 2024 data collection. Among the requested changes, the EEOC seeks OMB approval for the elimination of the option allowing employers to voluntarily report on employees who self-identify as "non-binary." The EEOC states the request is made to comply with Executive Order 14168, "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government."

The change would apply to the Instruction Booklet and not to the data collection template. The EEOC's proposed revision to the Instruction Booklet's "Reporting by Sex" section would reduce the section to one sentence, to state:

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