The United State’s Equal Employment Opportunity Commission (EEOC) requires covered employers to report detailed demographic and compensation data on their employees — including employees’ gender identity, on form EEO-1.
The EEOC is now of the opinion that employee self-identification is the preferred method of collecting this essential demographic information. However, employers can use existing employment records or their observation and discretion to make this call if an employee declines to share their gender identity.
Traditionally, it was a case of identifying as male or female, but times are changing. Today, it is becoming more common for there to be the inclusion of gender-neutral markers on documents. At the government level, some states and localities have even enacted laws that require state agencies to issue drivers’ licenses, state identification cards and birth certificates to have them for gender identity purposes.
This has led to ambiguity and complications regarding reporting employees who identify as gender-neutral to the federal government on form EEO-1. To ensure accurate gender identity reporting, employers can report employee counts and labor hours for gender-neutral employees by job category, pay band and racial group in the comment box on the Certification Page. However, they must remember not to forget to tag this as “Additional Employee Data.”
Consistency is key, as it could be identified as sex-based harassment if not handled correctly. Provide only the information that the agency has requested and use the instructions provided by the EEOC as a guide.