The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the 2022 EEO-1 Component 1 data collection is tentatively scheduled to open in mid-July 2023, well beyond the customary March 31 reporting deadline. Therefore, employers required to file the report should visit the EEOC’s website for the latest updates and timelines for reporting.
What is an EEO-1 Report?
The EEO-1 Report is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex, and job category. According to the EEOC, this data is used for various purposes, including enforcement, employer self-assessment, and research.
Who Must File an EEO-1 Report?
With limited exceptions, the following entities must file EEO-1 Reports:
- A private employer that has 100 or more employees (with limited exceptions for schools and other organizations)
- A private employer with between 15 and 99 employees, if it is part of a group of employers legally constituting a single enterprise that employs a total of 100 or more employees
- A federal contractor with 50 or more employees that is either a prime contractor or first-tier subcontractor with a contract, subcontract, or purchase order amounting to $50,000 or more
What Should Employers Do Now?
Employers should take time now to review their EEO-1 reporting data and ensure that it is accurate and up-to-date. Additionally, employers should consider any necessary changes to their workforce diversity initiatives to address any inequities or disparities the new report may reveal. Finally, employers should understand the impact of these deadline shifts on the overall timeline for filing.
Information Needed for Filing
- Company ID and unique PIN (provided via U.S. postal mail and email or at registration for new filers)
- Company EIN and NAICS code
- Company DUNS Number (if a federal contractor)
- Establishment address, EIN, and NAICS code, for each establishment
- Establishment DUNS number (if a federal contractor)
- Count of all full- and part-time employees during the specified workforce snapshot pay period selected by the employer
- Sex and race/ethnicity of all employees
- Job categories of all employee
How to File an EEO-1 Report
The EEOC has created an online portal for the sole purpose of EEO-1 Component 1 data collection. In addition, the EEOC sends notification letters to known employers subject to the EEO-1 requirements. Still, employers filing EEO-1 Reports for the first time must register to receive a company login, password, and further instructions for filing from the EEOC. Therefore, all employers must obtain and submit the necessary information before the deadline.
What Happens When an EEO-1 Report is Not Filed?
If an employer fails or refuses to file an EEO-1 Report, they may be compelled to do so by a federal district court and face penalties.
Is an Extension Available?
A hardship extension is available. If preparing or filing the EEO-1 Report creates an undue hardship, an employer may send a written request for an exemption or special reporting procedures to the EEOC. In addition, employers may obtain a one-time, 30-day extension of the EEO-1 filing deadline by emailing a request to the EEOC. However, the EEOC does not grant any exemptions or extensions requested after the filing deadline.
What’s Next for EE0-1 Reporting?
Updates regarding the 2022 EEO-1 data collection, including the opening date, will be posted on the EEOC’s EEO-1 website as they become available. As such, employers should continue to monitor the EEOC’s website. In addition, employers that need EEO-1 filing assistance may send an email to the agency’s technical assistance inbox.
Overall, the EEOC’s decision to delay the 2022 EEO-1 Component 1 data collection provides additional time for employers to prepare and ensure their reports are complete and accurate. Employers can ensure compliance with this important mandate by taking a proactive approach.