Hunton Employment & Labor Perspectives

2024 EEO-1 Component 1 Data Collection Set to Proceed

The 2024 EEO-1 Component 1 data collection process is expected to move forward, based on documentation submitted to the White House Office of Management and Budget (OMB) for approval. The proposed 2024 EEO-1 Instruction Booklet states the data collection is slated to begin on Tuesday, May 20, 2025, with a submission deadline of Tuesday, June 24, 2025.The EEOC has stated it intends to publish the finalized dates on its website.

EEOC Seeks to Eliminate Non-Binary Reporting Option

The EEOC has submitted a change request to OMB, aimed at modifying the Instruction Booklet rather than the reporting form itself. Notably, the EEOC is seeking to remove the voluntary reporting option for employees who identify as non-binary.

In previous years, employers had the option to report non-binary employees separately, outside the male/female categories, with the count included in a comments section. However, under Executive Order 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” the EEOC has eliminated this reporting option entirely.

The updated “Reporting by Sex” section in the revised Instruction Booklet has been reduced to a single sentence: “The EEO-1 Component 1 data collection provides only binary options (i.e., male or female) for reporting employee counts by sex, job category, and race or ethnicity.”

What’s Next

The 2025 EEO-1 reporting cycle, covering 2024 data, appears to be on track, though the EEOC has not yet updated its official EEO-1 data collection website: https://www.eeocdata.org/eeo1.

Employers should monitor for further guidance from the EEOC, especially concerning the reporting of non-binary employees and compliance expectations for federal contractors. In the meantime, employers should consult with outside counsel regarding best practices for compliance  and submission of data.