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 support civil rights enforcement and analyze employment patterns, such as the representation of women and minorities in organizations, industries and regions. Over the years — and particularly in the wake of COVID-19 — there have been a lot of changes with EEO-1 requirements.
What’s the latest EEO-1 news?
Although the EEOC usually requires employers to file their EEO-1 on an annual basis, they delayed that requirement in 2020 due to COVID-19. However, on April 26, 2021, the EEOC announced the opening for this year’s EEO-1 filing period. The deadline for submitting both the 2019 and 2020 EEO-1 Component 1 data is Monday, July 19, 2021.
Due to the impacts of the pandemic on workplaces nationwide (and the requirement to submit two years of data), the EEOC has extended the data collection period from 10 weeks to 12 weeks. Employers who meet the EEO-1 requirements should begin preparing to submit their 2019 and 2020 data in anticipation of the July 19 deadline.
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.
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.
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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