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ARTICLE · 25 APRIL 2025

EEOC Submits Request to Eliminate Optional Disclosure of Non-Binary Data for EEO-1 Reporting

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On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government...

United StatesEmployment and HR
Laura A. Mitchell
Laura A. Mitchell
Michael A. Giarratano
Michael A. Giarratano

On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the EEOC filed an Information Collection Request (ICR) with OMB requesting what it classified as a non-substantive change to remove the option for employers to voluntarily report non-binary data for those in their workforce.

In past years, the EEO-1 reporting instructions allowed respondents to provide non-binary data in a narrative form in the comment box of the report. EEOC believes this voluntary option must be removed to comply with Executive Order 14168.

The data collection for 2024 has not yet opened but the proposed instruction booklet filed with the ICR indicates reporting would open May 20, 2025, with a reporting deadline of June 22, 2025. The ICR is not seeking any changes beyond the current data collection approval period which runs through 2026.

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