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, there have been a lot of changes to EEO-1 requirements.
In this article, we discuss the latest changes concerning the EEO-1, recap critical details about the report, and lastly, highlight how it differs from all of the other EEO reporting requirements out there.
What’s the latest EEO-1 news?
Important EEO-1 date changes
After previously setting a tentative time frame of mid-July for EEO-1 data collection, the EEOC said it would now open data reporting on Tuesday, Oct. 31, 2023 — which adds 2023 to the running list of years in which the original reporting deadline has been delayed.
Please note that the EEOC published an updated instruction booklet and will make a Filer Support Message Center available to employers when reporting opens on Oct. 31, 2023. You can also consult the EEO-1 Component 1 website for additional information and future updates. The final deadline for submitting the 2022 EEO-1 Component 1 data is Tuesday, Dec. 5, 2023.
Revised multi-establishment employer filing requirements
In addition to new dates and deadlines, multi-establishment employers (those with more than one location) will also encounter a few changes with the EEO-1 reporting. For 2022 EEO-1 data, multi-establishment employers will no longer be required to file separate types of reports (e.g., Type 4 or Type 8) based on the size of each of their non-headquarters locations. Instead, they will use the new Establishment-Level Report to provide report data for each of their non-headquarters locations, regardless of headcount.
Who is required to file the EEO-1 report?
All private sector employers with establishments located in any of the 50 US 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. That said, there is talk that Component 2 data may once again be required in the future. Therefore, employers should be prepared with Component 2 data such as:
- A breakdown of hours worked.
- Pay information from Box 1 of employee W-2s (also by ethnicity, race and sex).
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 to employers, depending on the organization’s 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 outside of the EEO-1:
- 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 2022 collection period is closed. Updates regarding the 2023 EEOC-3 data collection, including the opening date, will be posted to the EEOC’s website as they become available.
- 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 2021 EEO-4 data collection period is closed. The 2023 EEO-4 data collection will open on Tuesday, Oct. 31, 2023. The EEO-4 online Filer Support Message Center will also be available beginning Tuesday, Oct. 31, 2023, to assist filers with any questions they may have regarding the 2023 collection. The deadline to file the 2023 EEO-4 report is Tuesday, Dec. 5, 2023. All updates about the 2023 EEO-4 data collection, including supplementary resource materials, will be posted to the EEOC’s website as they become available.
- 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 race/ethnicity, sex and activity assignment classification. The 2022 collection period is closed. Updates regarding the 2024 EEO-5 data collection, including the opening date, will be posted to the EEOC’s website as they become available.
How can B2E Solutions help?
B2E Solutions can help you manage your EEO data requirements in two key ways. First, gathering data manually for EEO reporting can be a time-consuming and error-prone process. Our Human Resources solution streamlines the tracking of employee data, eliminates duplicate data entry and provides you with the robust reporting you need to meet your most cumbersome reporting requirements. Secondly, our Mineral solution provides you with real-time, personalized alerts when compliance requirements change for your business. You also get direct access to HR experts who can answer any of your compliance questions, along with an ever-evolving HR compliance library, document templates, and more to simplify compliance once and for all.
Editor's note: This May 3, 2021 post was updated Oct. 24, 2023, to reflect the most up-to-date information.