How To Complete EEO-1 Report With Non-Binary Employees

The EEOC recently released guidance to assist those employers filling out their EEO-1 reports who have non-binary employees – those who choose not to identify as male or female – in their workforces. This question has become more pressing given the increase in the number of states permitting individuals to classify themselves as non-binary on government-issued identification forms, especially as employers begin the task of completing their EEO-1 reports before next month’s deadline. What do employers need to know about this latest development?

Brief Background

As most employers know, covered employers must submit certain data about their workforce to the Equal Employment Opportunity Commission (EEOC) each year. To do so, they must complete and electronically submit an EEO-1 report. The report due to be turned over this September 30 is unique, however, as it will be the first time employers will need to produce information about their employees’ compensation and