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ARTICLE · 06 FEBRUARY 2019

Making Binary Gender Choices In An Increasingly Non-Binary World As EEO-1 Season Approaches

Ogletree, Deakins, Nash, Smoak & Stewart
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Government contractors are entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees.

United StatesEmployment and HR
James A. Patton Jr.
James A. Patton Jr.
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Government contractors are entering the 2018 EEO-1 reporting cycle facing a confusing landscape when it comes to reporting the gender of their employees. Contractors face an employment marketplace that is dealing with gender in new ways while dealing with federal government reporting requirements built on traditional gender models. This confusion will likely not disappear anytime soon, and the landscape may become even more complicated in the future.

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) both provide protections against discrimination on the basis of gender identity. The EEOC interprets the prohibition of sex discrimination in Title VII of the Civil Rights Act to forbid "employment discrimination based on gender identity." The EEOC's guidance states that this protection arises from recent decisions from the Supreme Court of the United States and other courts prohibiting discrimination on the

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