The Equal Employment Opportunity Commission (“EEOC”) recently issued an FAQ on how employers should report non-binary employees when submitting information for the EEO-1 Component 2 data collection.

As discussed in previous articles, on July 15, the EEOC began collecting compensation information through its Component 2 EEO-1 Online Filing System.  The website is continuously updated with additional information.  One of the more recent additions is an FAQ discussing how to report non-binary gender employees on the form, which only has columns for males and females.  This is an excerpt of the sample form:

The answer to the FAQ directs employers to submit information on pay, hours worked, and race/ethnicity for non-binary employees as “Additional Employee Data” in the comment box on the Certification Page:

Filers may report employee counts and labor hours for non-binary gender employees by job category and pay band and racial group in the comment box on the Certification Page, please preface this data with the phrase “Additional Employee Data:”.  For example, “Additional Employee Data: 1 non-binary gender employee working 2,040 hours in Job Category 4, Salary Pay Band 5, Race/ethnicity non-Hispanic White. 3 non-binary gender employees; combined work hours 5,775; in Job Category 5, Salary Pay Band 8; Race/ethnicity: Employee 1 – Non-Hispanic Black, Employee 2 – Hispanic, Employee 3 – Two or more races”.

What is the Certification Page?  After all Component 2 data is entered, employers must certify the data.  Below is an image of the Certification Page with the comment box on the bottom.

As a reminder, Component 2 compensation data is due by September 30, 2019.  Look out for our September Feature of the Month article, which will help employers with their Component 2 EEO-1 reporting obligations.