“Reporting Nonbinary Classifications to the EEOC: Guidance From a New FAQ,” written by T. Scott Kelly, was posted on natlawreview.com to address a growing concern. Currently, the EEO-1 Component 2 report does not offer a nonbinary gender identification on the form, but this does not mean that gender identity should be ignored. The EEOC responded to a growing number of employers who need a way to properly document the gender of nonbinary employees. According to the new FAQ, employers may specify a nonbinary gender identity in the comment box on the Certification Page of the EEO-1. Although the EEOC provided clear direction on reporting these employees, “nonbinary” is still not a direct option to check off on the form.
The above post states that the EEOC has not yet decided whether to revise the EEO-1 report for the efficiency of reporting nonbinary employees. The writer explains, “It will likely not revise the EEO-1 report format to allow for a more efficient reporting of employees identifying as nonbinary until after the Supreme Court of the United states, in its next term, hears a trio of cases regarding whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation or an individual’s status as transgender (or transitioning), which would resolve a split in the federal circuits.”
That said, it is important that employees feel respected and valued. Harassment and discrimination are detrimental in the workplace and should be addressed. Using a confidential reporting hotline and case management system such as Red Flag Reporting can protect your employees and your reputation as a respected employer.