The EEOC said it wants to track nonbinary workforce data, along with other categories such as race and national origin, joining other agencies acknowledging the gender fluidity increasingly present in the workplace.
The U.S. Equal Employment Opportunity Commission told Bloomberg Law that it is exploring ways to collect nonbinary gender data from employers. The civil rights agency, however, doesn’t have authorization to require employers to collect that information in their annual reports. This is the first time the civil rights agency has signaled interest in gathering this information from employers.
People who are nonbinary don’t identify as strictly male or female. The EEOC signal that it might track these workers follows a U.S. Supreme Court opinion that expanded workplace protections for LGBT individuals. Gender roles and sex-stereotyping has long been covered under protections under Title VII of the 1964 Civil Rights Act, and recent worker challenges include those surrounding some workplace dress codes and pronoun usage.
Any revisions to the information collected on the EEO-1 form, which companies with more than 100 workers provide the government detailing protected categories of workers, requires a vote of the full commission followed by approval of an information collection request by the Office of Budget and Management.
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