Important Notice: EEO-1 Filings Will Not Be Accepted After November 15

By: Shiloh Theberge & Tara Walker

In Brief

We are writing today to remind you of an urgent deadline to file an annual Component 1 or demographic data (“EEO-1”) report with the Equal Opportunity Commission (“EEOC”) and applies to:

• Employer with 100 or more employees
• Employer with current government contract and at least 50 employees, and
• Financial institutions that are depositories of federal funds are required to file an annual Component 1 or demographic data (“EEO-1”) report with the Equal Employment Opportunity Commission (“EEOC”)

The EEOC granted a two-year reprieve for employers who need to file this data following the onset of the COVID-19 pandemic, but the 2019 and 2020 reports must be received no later than Monday, November 15, 2021.

The EEOC extended the deadline for filing these reports numerous times throughout the pandemic, finally landing on October 25, 2021 as the final deadline for filing the EEO-1s. For employers that missed that deadline, the agency’s website now says that any employer who has failed to file their EEO-1 should do so “as soon as possible,” and that as of Monday, November 15, 2021, no 2019 or 2020 EEO-1 reports will be accepted.

What is an EEO-1?

The EEO-1 collects information on the employer’s annual workforce data broken down by employees’ race and ethnicity, sex, and job categories. The EEOC uses the information provided in the EEO-1 report to investigate charges of employment discrimination and to provide information regarding the employment status of various demographic groups. While there was some question about this initially, as of 2019, the EEOC does not require pay data and hours worked data as part of the EEO-1 report.

How do I collect this data?

The preferred method of identification is for employees to self-identify this information. Employers would be wise to take time to review the data before submitting it to ensure that employees’ titles or categories are current.

How do I complete and submit the report?

Employers should visit the EEOC’s EEO-1 Component 1 Data Collection website for 2019 and 2020 to view more information, download template files, and submit reports online through the EEOC’s Online Filing System.

Please note: the Bernstein Shur Labor & Employment practice group is also closely analyzing and following the recently-published OSHA Emergency Technical Standard (requiring COVID-19 vaccinations or testing and masking). We anticipate offering additional insight and guidance soon.

To learn more, visit the Bernstein Shur Labor & Employment Practice Group webpage or contact us with questions here.