We continue to receive calls from employers regarding whether they are required to revise their self-identification forms to collect non-binary gender data from their applicants and employees, and if not, whether and how they should be preparing to do so in the event it becomes a mandatory requirement.
Importantly, there is no current obligation imposed by either the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) or the U.S. Equal Employment Opportunity Commission (EEOC) to solicit and collect non-binary gender data based on voluntary self-identification. At the same time, however, both agencies appear to be moving in the direction of eventually requiring the solicitation of these data.
For example, according to OFCCP’s most recent semi-annual regulatory agenda, the agency is considering requiring federal contractors to collect and report on non-binary individuals as part of a proposal to “modernize” its Executive Order (E.O.) 11246 regulations tentatively scheduled for publication in March 2023.
Given the ongoing interest among our members in this topic, we thought it might be helpful to assemble into this memo the most common Frequently Asked Questions that we receive regarding the collection and reporting of non-binary gender data.
Members of the Center for Workplace Compliance (CWC) can read more here.