The 2024 EEO-1 Component 1 data collection appears to be moving forward, according to documents recently submitted for approval by the White House Office of Management and Budget (OMB). According to the proposed 2024 EEO-1 Instruction Booklet (external download link), the data collection is scheduled to open on Tuesday, May 20, 2025. The deadline to file reports will be Tuesday, June 24, 2025. Final opening and deadline dates will be published on the EEOC’s websites.
EEOC Requests Removal of Non-Binary Reporting Option
Note that the EEOC has submitted a “non-substantive” change request to OMB for approval ahead of the 2024 data collection. The changes are to the Instruction Booklet, and not the data collection template itself.
The last time the EEO-1 form came up for approval, the EEOC included (and OMB approved) an option for employers to voluntarily report on employees who self-identify as “non-binary.” Such employees could be left out of headcounts of employees by sex, and the number of such employees would then be reported in a comment box.
Pursuant to Executive Order 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the EEOC has asked for approval to remove the option to report non-binary employees separately, among other changes.
The “Reporting by Sex” section of the proposed revised Instruction Booklet is reduced to one sentence, “The EEO-1 Component 1 data collection provides only binary options (i.e., male or female) for reporting employee counts by sex, job category, and race or ethnicity.”
EEO-1 Filing Requirement for Small Federal Contractors
The EEOC’s request for changes did not include updated guidance for small federal contractors with between 50-100 employees. The various materials recently submitted by EEOC to OMB, including the revised Instruction Booklet, note that Title VII requires private employers with 100 or more employees to file, and that OFCCP regulations “require certain federal contractors to file the EEO-1 Component 1 if they have 50 or more employees,” and other criteria are met. The EEOC does not address the fact that the underlying authority for the OFCCP’s regulations implementing Executive Order 11246 was revoked by President Trump’s Executive Order 14173.
Looking Ahead
The 2025 EEO-1 filing cycle (in which employers report 2024 data) appears to be moving ahead, though as of this writing the EEOC has not updated the agency’s website dedicated to EEO-1 data collection: https://www.eeocdata.org/eeo1.
We will keep watch for any additional guidance that the EEOC might release regarding how to report non-binary employees, and/or filing requirements for small federal contractors. In the meantime, employers should begin to take steps to prepare these required reports, if they have not done so already.
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