The 2023 EEO-1 Component 1 data collection will open on Tuesday, April 30, 2024. The deadline to file the 2023 EEO-1 Component 1 report is Tuesday, June 4, 2024.
The EEO-1 Component 1 online Filer Support Message Center (i.e., filer help desk) will also be available on Tuesday, April 30, 2024, to assist filers with any questions they may have regarding the 2023 collection.
All updates about the 2023 EEO-1 Component 1 data collection, including the 2023 EEO-1 Component 1 Instruction Booklet and the 2023 EEO-1 Component 1 Data File Upload Specifications, will be posted to www.eeocdata.org/eeo1 as they become available. The EEOC anticipates posting the 2023 EEO-1 Component 1 Instruction Booklet and the 2023 Data File Upload Specifications by Tuesday, March 19, 2024.
The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data, including data by job category and sex and race or ethnicity, to the EEOC. The authorities under which EEO-1 Component 1 data are collected include: Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., and Sections 1602.7-1602.14, Chapter XIV, Title 29 of the Code of Federal Regulations (CFR); Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965) and 40 CFR 60-1.7(a).
Key Dates and Resources
“Before we dive in with your five-step strategy plan, here is a one-stop shop with all the resources you’ll need to master this year’s EEO-1 season.
- As announced this week, the 2023 EEO-1 Component 1 data collection window will open on Tuesday, April 30. The deadline to file is Tuesday, June 4.
- The EEOC anticipates posting the 2023 EEO-1 Component 1 Instruction Booklet and the 2023 Data File Upload Specifications by March 19. We’ll add links here once those are posted.
- The EEOC’s EEO-1 Component 1 online Filer Support Message Center(which serves as its filer help desk) will open on April 30 to assist you with any questions you may have. We’ll add a link once that center is active.
Your 5-Step Strategy Plan
1. Pick a Date
Traditionally, EEO-1 reports require employers to pick a payroll end date between October 1, 2023, and December 31, 2023, as your “workforce snapshot period.” This will become the basis of reporting all employees as of that date. New for this reporting cycle, the EEOC has said that you will need to file an EEO-1 report if you reached 100 or more employees during any point of the fourth quarter of 2023.
2. Categorize Your Workforce
Next, ensure that your job titles are categorized correctly and consistently. The EEO job categories are:
(1.1) Executive/Senior-level officials and managers
(1.2) First/Mid-level officials and managers
(2) Professionals
(3) Technicians
(4) Sales workers
(5) Administrative support workers
(6) Craft workers
(7) Operatives
(8) Laborers and helpers
(9) Service workers
3. Let Your Employees Choose
Give your employees an opportunity to self-identify their sex and race/ethnicity and provide a statement about the voluntary nature of the inquiry.
The race/ethnicity categories are unchanged:
- Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
- White (Not Hispanic or Latino):A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
- Black or African American (Not Hispanic or Latino):A person having origins in any of the black racial groups of Africa.
- Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino):A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
- Asian (Not Hispanic or Latino):A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
- American Indian or Alaska Native (Not Hispanic or Latino):A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.
- Two or More Races (Not Hispanic or Latino): All persons who identify with more than one of the above five races.
Under last year’s filing instructions, only binary options for reporting sex are available in the EEO-1 reporting form. However, employers could voluntarily choose to report employee demographic data for non-binary employees in the comments section of the report. Employers that voluntarily choose to report non-binary employees in the comments section should not assign such employees to the male or female categories or any other categories (job category and race/ethnicity) within the report. We anticipate similar instructions this year but will update this Insight if something changes.
4. Choose a Point of Contact
Designate an employee as the “account holder” who will file the EEO-1 report through the EEO-1 Component 1 Online Filing System (OFS). Note that there are separate instructions for new filers and for those who are changing their point of contact. Account holders must submit the workforce demographic data electronically in the OFS through either manual data entry or data file upload. The employer’s certifying official must then certify the EEO-1 Component 1 report(s) in the OFS.
5. File on Time!
File by June 4, 2024 – or earlier! In the past, the EEO-1 reporting system has slowed down significantly as the deadline approached, which makes filing more challenging. You might want to allow yourself sufficient time before the deadline, so you aren’t scrambling at the last minute with technical challenges. Typically, the EEOC does not provide for extensions.” (JD Supra)
Who Is Required to File EEO-1 Reports?
The EEOC and the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) regulations require eligible employers to file Standard Form 100 (EEO-1 reports) annually through the EEOC’s dedicated website for EEO-1 Component 1 data collection at www.eeocdata.org/eeo1. The filing of EEO-1 reports is mandatory and not voluntary for “eligible” employers under federal regulations. Those employers covered by the EEO-1 reporting requirement must summarize their workforce’s demographics by race/ethnicity, sex, and job categories.
Employers who are required to file EEO-1 reports include:
- Private-sector employers that are subject to Title VII of the Civil Rights Act of 1964 (Title VII) and have 100 or more employees.
- Employers subject to Title VII with fewer than 100 employees if the employer is affiliated with another company so as to be considered legally as a single enterprise employing a total of 100 or more employees; and
- Certain federal contractors employing 50 or more employees.
What Type of Data Is Required for the EEO-1 Component 1 Report?
An EEO-1 report provides the EEOC with a snapshot of a covered employer’s workforce during a specific payroll period of the applicable year. Employers are required to gather this information from company records and employment documents completed by their employees and enter and/or upload this information through the EEOC’s EEO-1 Online Filing System (OFS). Through the OFS, employers are able to enter and/or update company information; file or upload workforce demographic data either by entering the data into the OFS or uploading a data file using an approved EEOC template; enter any remarks or explanations regarding the report; and certify the accuracy of the information entered through OFS.
The Categories for Workforce Data
According to the EEOC, employee self-identification, especially as to race and ethnicity information, is ideal. However, where an employee declines to self-identify, employment records or observer identification may be used instead. The EEOC has a designated list of race and ethnicity categories that employers should be mindful of when collecting this information from their workforce. The categories include:
- Hispanic or Latino
- White
- Black or African American
- Asian
- American Indian or Alaska Native
- Two or More Races
Employers are also required to provide gender/sex data by an employee’s job category. Although the EEOC added an “X” gender marker as a component of the charge intake process last year, there is no current equivalent for EEO-1 reporting of non-binary individuals. Employers who seek to include this information can do so using the remarks section of the EEO-1 report. Employers are required to retain a copy of the most recent EEO-1 report filed at each reporting unit in the event the EEOC requests this information from the employer.
EEO-1 Reporting Obligation
Businesses with 100 or more employees and some federal contractors with at least 50 employees must submit an annual EEO-1 form, which asks for information from the previous year about the number of employees who worked for the business, sorted by job category, race, ethnicity and gender.
The EEOC also announced the discontinuation of the use of Type 6 reports for multi-establishment employers. Type 6 reports allowed these employers to report only the total number of employees at an establishment with fewer than 50 employees, instead of providing demographic data by EEO-1 category for each location.
Single-Establishment vs. Multi-Establishment Filing
Single-establishment companies are required to submit only one EEO-1 Component 1 data report. Multi-establishment companies must submit:
- A report for the headquarters.
- A report for each establishment of the company with 50 or more employees.
- A report for each establishment with fewer than 50 employees. The Type 8 establishment report, as it’s called, must include employee data for each establishment broken down by job category, race, ethnicity and gender.
- A consolidated report that includes all employees.
(EEOC)
Additional Links:
https://www.eeoc.gov/employers/eeo-data-collections
https://www.eeoc.gov/employers/eeo-1-data-collection
WHO NEEDS TO FILE THE EEO-1
- What companies are required to file the EEO-1 report?
A: All companies that meet the following criteria are required to file the EEO-1 report annually:- Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
- Subject to Title VII of the Civil Rights Act of 1964, as amended, with fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees: or
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.
- Do I need to file if my company has fewer than 50 employees but does have a federal government contract worth $50,000 or more?
A: No, your company must meet both requirements of 50 employees and the government contract worth $50,000 or more.
https://www.eeoc.gov/employers/eeo1survey/faq.cfm
Legal Requirements
- Recordkeeping Requirements
- Download the “EEO is the Law” Poster in English (including a screen-readable electronic version), Spanish, Arabic, and Chinese
Employers are required to post a notice describing the federal employment discrimination laws. - EEO Reports/Surveys
Employers who have at least 100 employees and federal contractors who have at least 50 employees are required to complete and submit an EEO-1 Report (a government form that requests information about employees’ job categories, ethnicity, race, and gender) to EEOC and the U.S. Department of Labor every year.
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