Nonbinary info to be added to EEO-1 reports?

Don't be surprised.

A spokesperson for the Equal Employment Opportunity Commission has told Bloomberg Law that the agency is thinking about adding information about nonbinary employees to the EEO-1 reports that must be filed each year by private sector employers with 100 or more employees. 

The source for the article, which is behind a paywall, is Christine Nazer, National Press Spokesperson/Acting Director of Communications for the EEOC. So she probably knows what she's talking about.

The current form asks employers to identify the number of male and female employees by race and ethnicity in each of 10 job categories. Adding a new gender category to the form would require a vote of the full Commission and approval by the Office of Management and Budget.

As I've reported before, the EEOC still has a Republican majority, so I would not expect an imminent vote to change the EEO-1 form. But in July, the term of Republican Commissioner Janet Dhillon (former Chair) will expire. Once President Biden gets a successor in place, the Democrats will have a 3-2 majority, and this could definitely happen.

The Office of Federal Contract Compliance Programs, which is responsible for federal contractors, is reportedly considering allowing employees to self-identify as nonbinary.

According to the Merriam-Webster online dictionary, nonbinary (at least in this context) is "relating to or being a person who identifies with or expresses a gender identity that is neither entirely male nor entirely female."

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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