<img height="1" width="1" style="display:none;" alt="" src="https://px.ads.linkedin.com/collect/?pid=3500553&amp;fmt=gif">

1 min read

OFCCP's New Frequently Asked Questions on Non-Binary and Gender Status

OFCCP's New Frequently Asked Questions on Non-Binary and Gender Status

If an employee or applicant identifies as non-binary or a gender other than male or female, they must be included in the AAP but can be excluded from any gender-based analyses

OFCCP has now issued guidance on handling an employee or an applicant who self-identifies as non-binary or a gender other than male or female, such as Gender X currently recognized in California.

Q: How should contractors handle counting employees and/or applicants who identify as a gender other than male or female such as Gender X as is recognized in California?

A: Those contractors that must develop and maintain Affirmative Action Programs under Executive Order 11246 are required to invite all applicants and employees to voluntarily self-identify their gender (as well as their race and ethnicity). OFCCP has not mandated a particular method for a contractor to obtain information about a person's gender. If an employee or applicant chooses to self-identify as non-binary, or as a gender other than male or female, the contractor must still include the individual in its AAP submission. However, the contractor may exclude that individual's data from the gender-based analyses required by OFCCP's regulations. OFCCP's FAQs specify that a contractor may not ask applicants or employees for documentation to prove their gender identity or transgender status.

OutSolve

Founded in 1998, OutSolve has evolved into a premier compliance-driven HR advisory firm, leveraging deep expertise to simplify complex regulatory landscapes for businesses of all sizes. With a comprehensive suite of solutions encompassing HR compliance, workforce analytics, and risk mitigation consulting, OutSolve empowers organizations to navigate the intricate world of employment regulations with confidence.

Related Posts
Compensation Philosophy: What You Need to Know

Compensation Philosophy: What You Need to Know

Let’s talk about something that Human Resources (HR) plays a large role in that doesn’t always get clearly defined from the beginning. That’s...

Secretary’s Order 08-2025 Says Contractors Must Continue Section 503 and VEVRAA Compliance

Secretary’s Order 08-2025 Says Contractors Must Continue Section 503 and VEVRAA Compliance

The Secretary of Labor’s Order 08-2025 lifts the temporary pause (abeyance) on the Office of Federal Contract Compliance Programs’ (OFCCP) processing...

SCOTUS Deems Fraudulent Certification in Federal Contracting a Criminal Offense

SCOTUS Deems Fraudulent Certification in Federal Contracting a Criminal Offense

In a unanimous Judgment, the SCOTUS resolved long simmering legal uncertainty by deciding that federal prosecutors may hold federal contractors and...