May 01, 2022

Double Vision: EEO-1 Deadline(s) on the Horizon(s)

The U.S. EEOC’s EEO-1 reports are due May 17, 2022.  Or are they?  The Commission’s FAQ‘s suggest covered employers actually have until June 21st to file.

Who must file? Generally, private sector employers with 100 or more employees, as well as covered government contractors, usually those with at least 50 employees and a covered government contract.  This is also referred to as EEO-1, Component 1.  This is the report with which most filers are already familiar. It is the demographic snapshot of your workforce, by sex and race, in one or more of ten EEO-1 job groups.

What about Component 2?  This was the new portion that included compensation data and was on-again-off-again for several years.  In 2019, the U.S. EEOC announced it was not going to proceed with requiring this data.  But wait! Last Fall, on September 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced it was rescinding its prior notice that it would not use the data.  Said another way, “OFCCP plans to analyze the Component 2 data collection to assess its utility for providing insight into pay disparities across industries and occupations and strengthen Federal efforts to combat pay discrimination.” Stay tuned!

In the meantime, if you are required to file an EEO-1 report, plan to do so by May 17, 2021. Even if you filed by the extended deadline of June 21st, you will still end up on the EEOC’s “failure to file” list for having missed the May 17th deadline.