The EEO-1 report is an annual government survey that’s used to collect workforce data from private employers. The Equal Employment Opportunity Commission (EEOC) and other federal agencies use the collected data to identify employment patterns, such as the representation of women and minorities in organizations, and to ultimately combat discrimination. Over the years (and particularly in the wake of the pandemic) there have been a lot of changes with EEO-1 requirements.
Below, we’ll discuss the latest EEO-1 updates — and then we’ll dive into a quick overview of the EEO-1 report, who’s required to file it, and other EEO data reports.
What’s the latest EEO-1 news?
Although the EEOC usually requires employers to file their EEO-1 on an annual basis, they have delayed the deadline to submit 2019 and 2020 EEO-1 reports several times due to the ongoing impact of COVID-19 on business operations. Most recently, the agency announced that the final deadline for submitting both the 2019 and 2020 EEO-1 Component 1 data is Monday, October 25, 2021.
Unlike previous delays throughout the pandemic, the EEOC stated they will not authorize any additional deadline extensions. While this extension buys employers extra time, the agency advises employers who meet the EEO-1 requirements to submit their 2019 and 2020 EEO-1 reports as soon as possible.
Who is required to file the EEO-1 report?
All US employers with establishments located in any of the 50 states or the District of Columbia are legally required to file the EEO-1 report if they meet any of the following criteria:
- Have 100 or more employees; or
- Have 50 or more employees and have a federal contract (prime contract or first-tier subcontract) amounting to $50,000 or more.
How should employees be counted for the EEO-1 report?
Companies with centralized ownership, control or management should count employees across all of their organizations to determine if they meet the 50 or 100 employee thresholds. Organizations should also err on the side of caution when counting employees. For example, if an employer has met the 50 or 100 employee threshold at some point during the year (and not at other points in the year), they should plan to either file their EEO-1 report or seek legal guidance regarding compliance. For more information, employers should consult the EEOC website or call 1-800-669-4000.
What information is collected in the EEO-1 report?
The EEO-1 report is not new — it dates all the way back to 1966. However, it’s undergone changes over the years. Of note, filers were previously required to include “Component 1” and “Component 2” (aggregated employee pay data). However, the EEOC officially dropped the requirement for Component 2 in September of 2019, and now only collects Component 1.
Component 1 requires that employers report the number of employees (headcount) who work for the business, organized by job category, race/ethnicity and sex. This is the data that qualifying employers are already used to providing. Below is a sample of what the Component 1 data report looks like.
Are there other EEO data reports?
Yes. Aside from the EEO-1 report, there are other workforce data reports that may apply, depending on your organization type and size. Employers should note that they’re legally required to provide this data; it is not voluntary. Here’s a rundown of other EEO data reports, which organizations they apply to, and pertinent dates for qualifying organizations.
- EEO-3: Also known as the Local Union Report, the EEO-3 (EEOC Form 274) is a biennial report, meaning it conducts data collection every other year. Occurring in even-numbered calendar years, it requires local unions — specifically referral unions with 100 or more members — to submit demographic workforce data including membership, applicant, and referral information by race/ethnicity and sex. The deadline for submitting 2020 EEO-3 data is Monday, November 1, 2021.
- EEO-4: This biennial report, formally referred to as the State and Local Government Report, requires state and local government agencies with more than 100 employees to provide a summary of employee demographic information, by position, every odd calendar year. The 2019 EEO-4 data collection period is closed, and the 2021 EEO-4 data collection is scheduled to open October 2021.
- EEO-5: Required from all public elementary and secondary school systems and districts with 100 or more employees, this biennial report (conducted in even-numbered calendar years) is known as The Elementary-Secondary Staff Information Report. Qualifying employers must submit demographic workforce data, including by race/ethnicity, sex and activity assignment classification. The deadline for submitting 2020 EEO-5 data is Monday, October 4, 2021.
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Editor's note: This June 16, 2020 post was updated May 3, 2021, to reflect the most up-to-date information