When Workers Aren’t Male or Female, EEOC Reporting Is Complex

Roughly 67,000 employers annually report workforce data based on gender to the federal government, but what should they do when an employee doesn’t identify as male or female?

Non-binary individuals don’t fall within either the male or the female category, and some state and local governments, such as Oregon and the District of Columbia, have taken steps toward recognizing them.

Earlier this year, they became the first two jurisdictions in the nation to offer non-binary classifications on driver’s licenses, marked as an “X” instead of an “M” or “F.” Bills that would offer non-binary classifications on state identity documents are ...