EEO-1 reports are annual surveys that employers with 100 or more employees, and federal contractors with 50 or more employees, must submit to the Equal Employment Opportunity Commission (“EEOC”). The EEOC has opened the 2024 EEO-1 data-collection cycle and has set June 24, 2025, as the last date for submissions. The EEOC indicated the reporting window is shorter than prior years in an effort “to identify continued cost savings for the American public.”

Employers that fail to submit required EEO-1 Component 1 reports (the report that captures workforce demographic data by job category, race/ethnicity, and sex/gender) during a given reporting cycle are not permitted to submit those reports retroactively in future cycles. An employer that did not file a 2023 EEO-1 Component 1 report will not be allowed to submit it during the 2024 filing period.

The EEOC also posted a message from Acting EEOC Chair Andrea Lucas who reminds filers of their “obligations under Title VII not to take any employment actions based on, or motivated in whole or in part by, an employee’s race, sex, or other protected characteristics.” Echoing Trump Executive Orders, she reiterated that there is no “diversity” exception to Title VII’s requirements.

Consistent with Trump’s Executive Orders, the Office of Management and Budget (“OMB”) has approved the EEOC’s requested change to the EEO-1 report, eliminating the option allowing employers to voluntarily report employees who self-identify as “non-binary.” Employers may only report employees as male or female. Employers are encouraged to consult with their legal counsel to determine how to align their internal policies and reporting practices with the EEO-1 Component 1 reporting requirements. The general consensus among employers currently is that such individuals should be reported as the sex with which they choose to identify which was the situation that existed prior to the federal government permitting nonbinary identification. To remain consistent with any state law recognitions of nonbinary status, the identification should only be used for completion of the EEO-1 reports and no other action.

Given these restrictions and the relatively short filing window, employers should begin reviewing their internal HRIS systems and workforce data now to ensure readiness. Employers should promptly gather the data necessary to complete their 2024 reports and monitor notices for further instructions. Early preparation will help ensure timely compliance within the shortened filing window.