Employers Can Report Employees as Nonbinary

EEOC Now Allows Employers to Report Employees as Nonbinary

The Equal Employment Opportunity Commission (EEOC) has announced that employers may now use the comments section in an EEO-1 form to communicate that an employee neither identifies as female or male.

This change has come in the wake of several states passing legislation requiring “employers to recognize nonbinary individuals’ preferred gender markers”.

As explained by Denise Visconti, an attorney with Littler in San Diego:

“the FAQ appeared to resolve the dilemma faced by employers because it allows employers to report workers who do not identify as men or women on their EEO‑1 without forcing them into one of two gender categories”.

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The information included in this blog post originally appeared in an article from SHRM on August 27, 2019 written by Allen Smith, J.D.