Last month, the Equal Employment Opportunity Commission (“EEOC”) submitted a proposed 2024 EEO-1 instruction booklet to the Office of Management and Budget. If the proposal is approved, the EEO-1 reporting period will begin on May 20, 2025 and run through June 24, 2025. As employers prepare to file their 2024 EEO-1 Component 1 reports, they should be aware of two changes for this reporting cycle.
Update to Reporting Requirement for Small Federal Contractors
First, the EEO-1 reporting requirement is limited to employers with 100 or more employees—federal contractors with 50 or more employees do not need to file reports (unless they meet the 100-employee threshold). Previously, Executive Order 11246 had extended the reporting requirement to smaller federal contractors and subcontractors, but the Trump Administration revoked the Order in January of this year. Accordingly, federal contractors with less than 100 employees do not need to submit EEO-1 reports with their 2024 data.
Removal of Non-Binary Gender Identity Reporting Option
Second, the EEOC has proposed revising its EEO-1 instruction booklet to explain that the EEO-1 Component 1 data collection process does not include options for reporting non-binary gender identities. This is a non-substantive change that does not impact the data collection template, which only ever included reporting options for male and female. In previous years, however, information about non-binary employees could be noted in the comments section of EEO-1 reports; the proposed changes clarify that such supplemental data will not be processed. This shift is intended to comply with Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Covered employers should begin taking steps to prepare for EEO-1 reporting. Employers with questions about EEO-1 reporting, generally, or changes to the current reporting cycle should contact their Stoel Rives employment lawyer. We will publish further updates regarding the reporting schedule and other changes to the data collection process as they become available.
