Follow us on LinkedIn to see future News.
June 23, 2025
Private employers with 100 or more employees and federal contractors with 50 or more employees that meet certain criteria are required to submit EEO-1 reports annually through the Equal Employment Opportunity Commission’s online filing system. On the EEO-1, employers/federal contractors report the number of individuals they employ by job category and by sex and race or ethnicity. The deadline to submit the EEO-1 is Tuesday, June 24, 2025.
In alignment with Executive Order 14168 (“Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”), this year’s EEO-1 removed the option to report non-binary employees (i.e., employees who do not identify as exclusively male or female). It requires employers to classify employees as either male or female. In fact, the EEO-1 instruction booklet and frequently asked questions state, “The EEO-1 Component data collection provides only binary options (i.e., male or female).”
This change can make completion of the EEO-1 report difficult for employers with employees who have self-identified as non-binary.
Do you report non-binary employees as binary based on your observations or other records? Do you leave non-binary employees out of the gender section of the form, but report them in the race/ethnicity section? To avoid an inaccurate report and misgendering, do you state on the form that you do not possess binary sex information to report?
Remember that the report contains a certification requirement – i.e., a company official must certify that the report was prepared in conformity with the directions in the form and its accompanying instructions.
Seek counsel if you have questions regarding completion of an EEO-1 report.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
