March 31, 2022

The EEO-1 Report is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category. Under Title VII of the Civil Rights Act (Title VII), employers with 100 or more employees and certain federal contractors must report this data to the Equal Employment Opportunity Commission (EEOC) by March 31 every year.

However, collection of this data from 2021 has been delayed. The EEOC expects to open the portal for employers to begin entering 2021 information on April 12, 2022. The EEOC has also set a tentative deadline of May 17, 2022, for these submissions.

EEO-1 reporting for 2019 and 2020 was delayed as well, with the portal for submitting that information ultimately closing on Nov. 15, 2021. For even earlier years—2017 and 2018—employers subject to EEO-1 reporting were required to submit additional information about employee pay and work hours (known as “Component 2” data), and the deadline to submit that data was extended to Sept. 30, 2019.

EMPLOYERS SUBJECT TO EEO-1 REPORTING REQUIREMENTS

With limited exceptions, the following entities must file EEO-1 Reports by March 31 every year (however, collection of data for 2021 has been delayed until April 12, 2022, and May 17, 2022, is the tentative deadline for submission of that data):

  •  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 that legally constitutes a single enterprise, which employs a total of 100 or more employees; and
  • A federal contractor that has 50 or more employees and is either a prime contractor or first-tier subcontractor, and has a contract, subcontract or purchase order amounting to $50,000 or more.

ENFORCEMENT

Although the EEOC sends notification letters to employers it knows to be subject to the EEO-1 requirements, all employers are responsible for obtaining and submitting the necessary information prior to the appropriate deadline. An employer that fails or refuses to file an EEO-1 Report as required may be compelled to do so by a federal district court. Federal contractors also risk losing their government contracts for failures to comply.

HARDSHIP EXTENSION

If the preparation or filing of an EEO-1 Report would create undue hardship, an employer may send a written request for an exemption or for special reporting procedures to the EEOC. Employers may also obtain a one-time, 30-day extension of the EEO- 1 filing deadline by emailing a request to the EEOC at E1.EXTENSIONS@EEOC.GOV. However, the EEOC does not grant any exemptions or extensions requested after the filing deadline.

LINKS AND RESOURCES

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