Highlights
- 2018 EEO-1 Component 1 reports are due by May 31, 2018.
- EEO-1 Component 2 reports for both 2017 and 2018 are due by Sept. 30, 2019.
- Employers must their EEO-1 reports online.
- The EEO-1 applies to employers with 100 or more employees and to certain federal contractors.
Important Dates
- May 31, 2019 – Deadline to submit 2018 EEO-1 Component 1 data
- Mid-July 2019 – The EEOC will begin collecting 2017 and 2018 EEO-1 Component 2 data
- September 30, 2019 – Deadline to submit 2017 and 2018 EEO-1 Component 2 data
Overview
On May 3, 2019, the Equal Employment Opportunity Commission (EEOC) announced that employers must submit EEO-1 “Component 2” data – from both 2017 and 2018 – by Sept. 30, 2019.
The EEOC has also extended the deadline for employers to submit 2018 EEO-1 “Component 1” data. These reports are due by May 31, 2019.
Employers must use the EEO-1 Online Filing System, which opened in March 2019, to submit the 2018 Component 1 information. A system for employers to submit the Component 2 data from both 2017 and 2018 will be available starting in mid-July 2019.
Action Steps
Employers subject to EEO-1 reporting should:
- Ensure that they submit 2018 EEO-1 Component 1 data by May 31, 2019; and
- Prepare to submit both 2017 and 2018 EEO-1 Component 2 data by Sept. 30, 2019.
Background
The EEO-1 Report is a federally mandated survey that collects workforce data from employers. The data is categorized by race, ethnicity, sex and job category. The EEOC uses this information to enforce federal prohibitions against employment discrimination and discriminatory pay practices.
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 2018 reports has been extended to May 31, 2018, and the deadline for Component 2 reports for both 2017 and 2018 was extended to Sept. 30, 2019):
- A private employer that has 100 or more employees (with limited exceptions for schools and other organizations);
- A private employer with between 15 and 99 employees, if it is 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 that has 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 that 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 failures 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.
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