By Benjamin Kerner
On April 15th, 2025, the Equal Employment Opportunity Commission (EEOC) submitted its proposed 2024 EEO-1 instruction booklet via an Information Collection Review submitted to the Office of Information and Regulatory Affairs within the Office of Management and Budget. If approved, organizations with 100 or more employees can begin filing their EEO-1 reports on May 20, 2025. Reports must be filed on or before June 24, 2025.
Changes in Requirements for Federal Contractors with Less Than 100 Employees
As previously mentioned, private employers with 100 or more employees are required to file EEO-1 reports annually. Under Executive Order 11246, federal contractors with 50 or more employees were required to file the report, as well. However, the rescission of Executive Order 11246 has likely removed this requirement, eliminating the need for federal contractors with less than 100 employees to submit EEO-1 reports.
Changes in Reporting for Non-Binary Employees
Along with the proposed instruction booklet, EEOC has submitted documents to OMB officially requesting the removal of the non-binary reporting option in order to comply with Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
The change has been deemed “non-substantive” and only applies to the EEO-1 instruction booklet. These changes should not impact the data collection template since the data template from previous years did not include a reporting option for non-binary employees. Rather, information about employees that identified as non-binary could be included in the Comments section of the EEO-1 reports. Should the changes be approved, the instruction booklet will note that the EEO-1 component 1 data collection provides only binary (male or female) options for reporting gender, which is a change from prior reporting cycles.
While the proposed reporting schedule for this year has not been posted to the EEO-1 filing portal, it is likely EEOC will update the site once it becomes official.
DCI will monitor updates to the EEO-1 Component 1 data collection and publish them as they become clearer and pass OMB approval.
