The U.S. Equal Employment Opportunity Commission (EEOC) has announced its tentative schedule for the 2021 EEO-1 Component 1 data collection portal, which is set to open on April 12 with a filing deadline of May 17.
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.
Extensions Last Year
Covered employers had until Oct. 25, 2021, to file their 2019 and 2020 EEO-1 reports. Although the reporting deadline was delayed several times during the COVID-19 pandemic, the agency eventually said it would not authorize any more extensions. The EEOC said it does not intend to collect controversial pay data from Component 2 of the EEO-1 form, which was the source of a heated legal dispute in recent years.
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.
- 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.