The EEO-1 Report is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category. Under Title VII of the Civil Rights Act (Title VII), employers with 100 or more employees and certain federal contractors must report this data to the Equal Employment Opportunity Commission (EEOC) by March 31 every year.
However, collection of this data from 2022 has been delayed. The EEOC opened the portal for employers to begin entering 2022 information on Oct. 31, 2023. The deadline for employers to complete their submissions of 2022 information is Dec. 5, 2023.
EEO-1 reporting for the previous three years was delayed as well. In 2017 and 2018, employers subject to EEO-1 reporting were required to submit additional information about employee pay and work hours (known as “Component 2” data). Those additonal requirements were discontinued due to court challenges, but the EEOC has indicated that they may be reinstated in future years.
This Compliance Overview provides additional information EEO-1 reporting requirements.
Employers Subject to EEO-1 Reporting Requirements
With limited exceptions, the following entities must file EEO-1 Reports by March 31 every year (however, the deadline for oollection of data from 2022 has been delayed until Dec. 5, 2023):
- A private employer with 100 or more employees (with limited exceptions for schools and other organizations);
- A private employer with between 15 and 99 employees, if they are part of a group of employers that legally constitutes a single enterprise, which employs a total of 100 or more employees; and
- A federal contractor with 50 or more employees and is either a prime contractor or first-tier subcontractor, and has a contract, subcontract or purchase order amounting to $50,000 or more.
Although the EEOC sends notification letters to employers it knows to be subject to the EEO-1 requirements, all employers are responsible for obtaining and submitting the necessary information prior to the appropriate deadline. An employer who fails or refuses to file an EEO-1 Report as required may be compelled to do so by a federal district court. Federal contractors also risk losing their government contracts for failure to comply.
If the preparation or filing of an EEO-1 Report would create undue hardship, an employer may send a written request for an exemption or for special reporting procedures to the EEOC. Employers may also obtain a one-time, 30-day extension of the EEO-1 filing deadline by emailing a request to the EEOC. However, the EEOC does not grant any exemptions or extensions requested after the filing deadline.