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EEO-1 Update

on Tuesday, 12 September 2023 in Labor & Employment Law Update: Sarah M. Huyck, Editor

After several delays, the Equal Employment Opportunity Commission (“EEOC”) recently announced that the 2022 EEO-1 Component 1 Data Collection will open on October 31, 2023.  The deadline for submitting the EEO-1 is December 5, 2023. 

As a quick refresher, the EEO-1 survey must be filed annually by private employers with 100 or more employees, and by federal contractors/subcontractors with 50 or more employees and a federal contract/subcontract in excess of $50,000.  The survey requires employers to report information regarding the race, ethnicity, and gender of its workforce by job category.  Specifically, this 2022 report must include all full-time and part-time employees who were employed during an employer-selected pay period from October 1, 2022 and December 31, 2022.

We note that employers are only required to submit the Component 1 Report (i.e., the basic demographic data that the EEOC has traditionally collected).  While many believed the delay in opening the 2022 data collection was because the EEOC intended to add in the Component 2 compensation data requirement, the Component 2 requirement was ultimately not included.

We will continue to monitor for developments.  In the meantime, employers should begin gathering their 2022 demographic data to ensure timely compliance with their filing obligations.  The 2022 EEO-1 Component 1 Instruction Booklet is available here.

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