As a step toward promoting equity and inclusion, the EEOC has added a nonbinary “X” gender option to the voluntary self-identification questions that are part of the intake process for filing a discrimination charge. The EEOC recognizes this as an opportunity to extend this vital gesture of inclusion to members of the LGBTQI+ community. The Biden-Harris Administration also recently announced many areas of change that will further promote visibility and equality for transgender and non-binary Americans.
Addition of “X” Gender Markers
Including an alternative nonbinary “X” option in lieu of the existing “male” and “female” options helps reflect the full range of gender identities. EEOC Chair Charlotte Burrows stated that “…it is imperative to make clear that in advancing the EEOC’s mission to prevent and remedy employment discrimination, we must serve all workers, including those who do not identify as exclusively male or female. Our public-facing charge forms now make clear that we respect that diversity.”
Current EEO-1 Reporting Form Remains Unchanged
The EEO-1 report requires employment data and is federally mandated. The compliance survey categorizes participants by race, ethnicity, gender, and job type. Conversely, The federal government has not updated the gender options on the EEO-1 survey. There is speculation that this may happen under the Biden-Harris Administration. The EEOC has already created a new page on its website with information on sexual orientation and gender identity (SOGI) discrimination.
Additional EEOC Data Collections
All employees will be classified as male or female regardless of their gender identity. This is because the EEOC has not included a nonbinary option in the EEO-1 survey. In the meantime, the EEOC’s advice for employers who want to collect nonbinary gender information is noted in their FAQ document.
Nonbinary gender information can be recorded in the Comments section on the Certification Page under ‘Additional Employee Data.’
Options for Collecting Data Through Cadient
Cadient’s Candidate Experience (CE), Onboarding, and standard reports are designed to correlate with the existing EEO-1 categories. Furthermore, Custom EEO questions for CE and Onboarding must be configured, and reporting data customized to align with the information collected.
Purpose of Data Collection
The EEOC requires private employers covered by Title VII of the Civil Rights Act to file the EEO-1 Component Report. The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) requires this report data for government contractors to monitor their affirmative action obligations.
The EEOC uses this legal obligation to submit annual workforce demographic data to investigate charges of employment discrimination. Additionally, this precept also provides information about the employment status of underrepresented groups such as minorities and women.
More information for private-sector employees is on the EEOC website for EEO-1 Component 1 data collection. Further details about LGBTQI+ discrimination in the workplace are also available on the EEOC website.
