--- title: "EEO-1 Survey: Gender Reporting and Non-Binary Employees" description: Many employers are unsure what to do when it comes to non-binary employees and EEO-1 reporting. 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[Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [All about COVID-19 in the Workplace](https://blog.axcethr.com/topic/covid19) - [Kansas & Missouri HR News](https://blog.axcethr.com/topic/kansas-and-missouri-hr-news) - [Kansas City Interest News](https://blog.axcethr.com/topic/kansas-city-interest-news) - [PEO/HRO](https://blog.axcethr.com/topic/peo) - Choose Topic: - [Human Resources](https://blog.axcethr.com/topic/human-resources) - Payroll Administrations - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [PEO](https://blog.axcethr.com/topic/peo) Play Audio EEO-1 Survey: Gender Reporting and Non-Binary Employees 4:08 # EEO-1 Survey: Gender Reporting and Non-Binary Employees By [Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/author/jeanette-coleman) on [Dec 08, 2020](https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees) 3 min read [0 comment(s)](https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees](whatsapp://send?text=https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees) - [mailto:?subject=EEO-1%20Survey:%20Gender%20Reporting%20and%20Non-Binary%20Employees&body=https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees](mailto:?subject=EEO-1%20Survey:%20Gender%20Reporting%20and%20Non-Binary%20Employees&body=https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees) ![employee holding paper showing she identifies as non binary](https://blog.axcethr.com/hs-fs/hubfs/employee%20holding%20paper%20showing%20she%20identifies%20as%20non%20binary.webp?width=840&name=employee%20holding%20paper%20showing%20she%20identifies%20as%20non%20binary.webp) Certain employers are required by the Equal Employment Opportunity Commission (EEOC) to file the EEO-1 form each year. The form tracks the number of women and minorities employed and is used for civil rights enforcement and employment patterns analysis. Filing requirements apply to businesses with 100 employees and federal contractors with at least 50 employees and a federal government contract of $50,000 or more. [RELATED: Beyond the Interview Questions - The Need to Knows of Unconscious Bias >>](https://blog.axcethr.com/beyond-the-interview-questions-the-need-to-knows-of-unconscious-bias) ## EEO-1 Job Classification Guide Gender Options The employment data reported on the EEO-1 includes employees counted by race, sex, and ethnicity, and in one of the broad occupational categories outlined in the [EEO-1 Job Classification Guide.](https://www.eeoc.gov/sites/default/files/migrated_files/employers/eeo1/jobclassguide.pdf) All employees must be counted in the annual filing, both full-time and part-time employees who were employed during the employer-selected payroll period between October and December. This form only has two choices for reporting employee sex: male or female. This leaves employers to figure out how to report on their employees who do not identify as male or female. [RELATED: Eight Mistakes Companies Make When the EEOC Comes Knocking >>](https://blog.axcethr.com/eight-mistakes-companies-make-when-the-eeoc-comes-knocking) ## Non-Binary Gender Reporting Explained Allen Smith, J.D., writing for Society for Human Resource Management (SHRM), explains that the EEOC recently outlined that there is a [comments section of the EEO-1 form](https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/eeoc-nonbinary-individuals-comments-eeo-1-form.aspx) where employers can report nonbinary employees. Smith quotes clinical psychologist Helen Friedman, Ph.D., defining nonbinary as “an umbrella term for anyone who doesn’t identify exclusively as male or female.” Another attorney, Laura Mitchell of Jackson Lewis in Denver, says the EEOC instructions about reporting nonbinary employees only outline that it can be commented on in the form, not how employers should or could gather nonbinary designations from employees. She further explains that the Supreme Court is looking at the protections provided by the Title VII of the Civil Rights Act of 1964 and that the EEO-1 form is not likely to be changed to include any further gender options until after the courts have finalized any ruling, so the comment box is the only option for the near future for reporting on sex other than male or female. [![he she or they non binary gender identity workplace inclusion](https://no-cache.hubspot.com/cta/default/2652187/bbc00b6c-6b11-43eb-9051-dc1c0f38d3b6.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/bbc00b6c-6b11-43eb-9051-dc1c0f38d3b6) ## What To Do About Nonbinary Employees for EEOC Reporting Legal group [Fisher Phillips explains](https://www.fisherphillips.com/resources-alerts-how-to-complete-eeo-1-report-with) that the EEOC advises using the Certification Page comment box for “Additional Employee Data:” and defining the employee as a non-binary gender employee, with the job category, hours, pay band, and ethnicity. They note that identifying any workers as non-binary is now permitted in the EEO-1 filing but not required. Additionally, the EEOC recommends that employee self-identification is best for employers to collect employee data, but that employment records or observations are suitable when employees don’t self-identify voluntarily. ### [![diversity equity and inclusion changes to make in your workplace](https://no-cache.hubspot.com/cta/default/2652187/617b2b05-4fc3-4984-8193-385271b0f7da.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/617b2b05-4fc3-4984-8193-385271b0f7da) ## A couple of other issues you might be wondering about: ### **Should we add any additional information about non-binary employees in the comment box?** **Answer:** Report only the basic information requested by the EEOC, adding only the “additional employee data” that the employee is non-binary. ### **Should we be looking for non-binary employees in our workforce to report on the EEO-1?** **Answer:** You are not obligated to do so, so it’s not necessary to try to identify non-binary employees. The EEOC has only informed how to report those who have self-identified as non-binary by notifying you or with government-issued identification, not requiring you to investigate. ### **What if we want to analyze our employee population for company demographics?** **Answer:** There are options for offering employees ways to self-identify, such as asking how they describe their gender identity with options in addition to male and female. For example, male, female, non-binary, prefer not to say, or M, F, and X as options to mark. [RELATED: How to Investigate an Employee Harassment Complaint >>](https://blog.axcethr.com/hr-investigations-how-to-investigate-an-employee-harassment-complaint) ## **[![HR compliance services for small businesses from Axcet HR Solutions](https://no-cache.hubspot.com/cta/default/2652187/interactive-189255892628.png)](https://blog.axcethr.com/hs/cta/wi/redirect?encryptedPayload=AVxigLKpOWR0v1qa2%2BCrMLLHVpnO6NQd%2BY4WbysfEHbgE6NVxJ2kOJnFx5ke%2BjfGI82CgOcZX54PFSPExUCLHKiawcvvR%2FT5BhoLqB0%2FIR5iCqx0ZeL%2B1wrlvHy%2F4WVCAW%2Fl%2FkaiBoycQJ0wwmLHONVpF26fye6xVC1yAOU5gjxppX8%2BbKpMEzwxj4eiK4K7dedxoe6xi4%2BeDxhClLfI3q7fcKZr39Ph8szbKq%2F50OOX%2BoRK9xpNoimO78Zgi%2BzTkRJCHiJF%2FV59OIs0Pq4a8GcPrlZPAHAciA%3D%3D&webInteractiveContentId=189255892628&portalId=2652187)** ## **Stay Compliant in an Evolving Reporting Landscape** EEO-1 reporting requirements continue to evolve, and staying compliant—especially when it comes to gender reporting—can be challenging for small and mid-sized businesses. Axcet HR Solutions is here to help. Our HR compliance experts stay up to date with federal regulations and can guide your organization through the nuances of EEO-1 reporting, including how to appropriately and respectfully handle non-binary employee data. **Ensure Accurate, Inclusive Reporting – [Partner with Axcet HR Solutions Today](https://www.axcethr.com/schedule-consultation/).** [![Employee Relations](https://no-cache.hubspot.com/cta/default/2652187/0eeaef73-dcb0-4697-a04f-6d3b530fe898.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/0eeaef73-dcb0-4697-a04f-6d3b530fe898) [![Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Jeanette-04.jpg?width=80&height=80&name=Jeanette-04.jpg)](https://blog.axcethr.com/author/jeanette-coleman) Written by #### [Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/author/jeanette-coleman) Jeanette Coleman, SPHR, SHRM-SCP, is the Director of Human Resources at Axcet HR Solutions, where she has contributed her expertise for over 21 years. As a leader in the HR industry, she holds advanced certifications as a Senior Professional in Human Resources (SPHR) and SHRM-Senior Certified Professional (SHRM-SCP). Jeanette oversees HR strategy and operations, ensuring Axcet delivers exceptional HR services that help small and mid-sized businesses stay compliant and grow. With a Master’s degree in Human Resource Management from Keller Graduate School and a Bachelor of Science in Business Administration from Kansas State University, Jeanette is well-equipped to lead and support clients in navigating complex HR challenges. Throughout her 15-year tenure as Director of Human Resources, she has been instrumental in positioning Axcet as the Midwest’s largest and premier Professional Employer Organization (PEO). Her previous roles at Axcet include Director of Employee Benefits and Senior HR Consultant, where she gained extensive experience in HR outsourcing, and employee risk management. Jeanette’s expertise has been recognized through industry and regional publications. She co-authored the article “High-Touch in the Age of High-Tech: How PEOs Can Embrace AI Without Losing Their Humanity” (https://peoinsider.org/articles/high-touch-in-the-age-of-high-tech-how-peos-can-embrace-ai-without-losing-their-humanity/) for PEO Insider (March 2026), alongside Jo McClure, and was featured in Ingram’s Magazine in a Q&A (https://ingrams.com/article/qa-with-jeanette-coleman/) discussing generational change, technology, and workplace culture. These contributions reflect her perspective on balancing innovation with the human side of HR. Jeanette’s leadership reflects her deep commitment to helping businesses thrive through strategic, compliance-driven HR solutions. Through her writing, she shares insights on HR strategy, compliance, and best practices to help employers confidently manage their workforce. Published in: PEO Insider and Ingram's Read more [View all posts →](https://blog.axcethr.com/author/jeanette-coleman) ### Get HR Updates ### Table of Contents #### [The Pandemic's Impact on Company Culture ![The Pandemic's Impact on Company Culture](https://blog.axcethr.com/hubfs/employees%20working%20in%20office%20during%20covid%20pandemic.webp)](https://blog.axcethr.com/the-pandemics-impact-on-company-culture) #### [![Pandemic and Calls for Social Justice Prompt Pay Equity Audits](https://blog.axcethr.com/hubfs/pandemic%20and%20call%20for%20social%20justice%20highlight%20pay%20equity%20issues%20at%20companies.webp) Pandemic and Calls for Social Justice Prompt Pay Equity Audits](https://blog.axcethr.com/pandemic-and-calls-for-social-justice-prompt-pay-equity-audits) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jeanette Coleman, SPHR & SHRM-SCP", "url" : "https://blog.axcethr.com/author/jeanette-coleman" }, "dateModified" : "2025-05-21T20:14:51.337Z", "datePublished" : "2020-12-08T15:30:56.000Z", "headline" : "EEO-1 Survey: Gender Reporting and Non-Binary Employees", "image" : [ "https://blog.axcethr.com/hubfs/employee%20holding%20paper%20showing%20she%20identifies%20as%20non%20binary.webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/eeo-1-survey-gender-reporting-and-non-binary-employees", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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The form tracks the number of women and minorities employed and is used for civil rights enforcement and employment patterns analysis. Filing requirements apply to businesses with 100 employees and federal contractors with at least 50 employees and a federal government contract of $50,000 or more. RELATED: Beyond the Interview Questions - The Need to Knows of Unconscious Bias >> EEO-1 Job Classification Guide Gender Options The employment data reported on the EEO-1 includes employees counted by race, sex, and ethnicity, and in one of the broad occupational categories outlined in the EEO-1 Job Classification Guide. All employees must be counted in the annual filing, both full-time and part-time employees who were employed during the employer-selected payroll period between October and December. This form only has two choices for reporting employee sex: male or female. This leaves employers to figure out how to report on their employees who do not identify as male or female. RELATED: Eight Mistakes Companies Make When the EEOC Comes Knocking >> Non-Binary Gender Reporting Explained Allen Smith, J.D., writing for Society for Human Resource Management (SHRM), explains that the EEOC recently outlined that there is a comments section of the EEO-1 form where employers can report nonbinary employees. Smith quotes clinical psychologist Helen Friedman, Ph.D., defining nonbinary as “an umbrella term for anyone who doesn’t identify exclusively as male or female.” Another attorney, Laura Mitchell of Jackson Lewis in Denver, says the EEOC instructions about reporting nonbinary employees only outline that it can be commented on in the form, not how employers should or could gather nonbinary designations from employees. She further explains that the Supreme Court is looking at the protections provided by the Title VII of the Civil Rights Act of 1964 and that the EEO-1 form is not likely to be changed to include any further gender options until after the courts have finalized any ruling, so the comment box is the only option for the near future for reporting on sex other than male or female. What To Do About Nonbinary Employees for EEOC Reporting Legal group Fisher Phillips explains that the EEOC advises using the Certification Page comment box for “Additional Employee Data:” and defining the employee as a non-binary gender employee, with the job category, hours, pay band, and ethnicity. They note that identifying any workers as non-binary is now permitted in the EEO-1 filing but not required. Additionally, the EEOC recommends that employee self-identification is best for employers to collect employee data, but that employment records or observations are suitable when employees don’t self-identify voluntarily. A couple of other issues you might be wondering about: Should we add any additional information about non-binary employees in the comment box? Answer: Report only the basic information requested by the EEOC, adding only the “additional employee data” that the employee is non-binary. Should we be looking for non-binary employees in our workforce to report on the EEO-1? Answer: You are not obligated to do so, so it’s not necessary to try to identify non-binary employees. The EEOC has only informed how to report those who have self-identified as non-binary by notifying you or with government-issued identification, not requiring you to investigate. What if we want to analyze our employee population for company demographics? Answer: There are options for offering employees ways to self-identify, such as asking how they describe their gender identity with options in addition to male and female. For example, male, female, non-binary, prefer not to say, or M, F, and X as options to mark. RELATED: How to Investigate an Employee Harassment Complaint >> Stay Compliant in an Evolving Reporting Landscape EEO-1 reporting requirements continue to evolve, and staying compliant—especially when it comes to gender reporting—can be challenging for small and mid-sized businesses. Axcet HR Solutions is here to help. Our HR compliance experts stay up to date with federal regulations and can guide your organization through the nuances of EEO-1 reporting, including how to appropriately and respectfully handle non-binary employee data. Ensure Accurate, Inclusive Reporting – Partner with Axcet HR Solutions Today.", "author" : { "@id" : "https://blog.axcethr.com/author/jeanette-coleman#author", "@type" : "Person", "name" : "Jeanette Coleman, SPHR & SHRM-SCP", "url" : "https://blog.axcethr.com/author/jeanette-coleman" }, "dateCreated" : "2020-12-08", "dateModified" : "2025-05-21", "datePublished" : "2020-12-08", "description" : "Certain employers are required by the Equal Employment Opportunity Commission (EEOC) to file the EEO-1 form each year. The form tracks the number of women and minorities employed and is used for civil rights enforcement and employment patterns analysis. 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