As we reported the 2021 EEO-1 reporting portal is now open.

More employers are collecting non-binary gender data from employees.  The EEOC however, is not authorized to require collection, or reporting, of non-binary employee data.  The current EEO-1 reporting form has fields only for the reporting of employee binary gender data.  So what are employers who give employees the option to identify as non-binary to do?

The following FAQ sets out the only reporting option currently available for employers:

Our company is now collecting gender beyond the male/female binary. We would like to report this for the EEO-1 Component 1 2021 data collection. How do we report it?

Filers may choose to report employee counts for non-binary gender employees by job category and race/ethnicity in the comments box on the Certification Page in the EEO-1 Component 1 Online Filing System. Please preface this data with the phrase “Additional Employee Data:”. For example, “Additional Employee Data: 1 non-binary gender employee in Job Category Administrative Support Workers; Race/Ethnicity: White (Not Hispanic or Latino). 3 non-binary gender employees in Job Category Professionals; Race/Ethnicity: Employee 1 – Black or African American (Not Hispanic or Latino), Employee 2 – Hispanic or Latino, Employee 3 – Two or More Races (Not Hispanic or Latino).”

EEOC and OFCCP are considering more formal collection/reporting obligations but until that time, this is what employers have to work with.

Stay turned for additional updates on this year’s EEO-1 Data collection.