The U.S Equal Employment Opportunity Commission has announced a new filing period for the collection of employee demographic data: nonexempt employers will now be able to begin filing EEO-1 Component 1 data with the commission on October 31st and must do so by a December 5th deadline. However, according to a recent overview from SHRM, other changes to the type and manner of data collected by the EEO-1 form have already been made, or may be on the horizon. Here’s what you need to know to prepare your filing, and to prepare for the future.
Which employers are required to submit an EEO-1 form?
Private employers with a total workforce of at least 100 employees are required to annually file data outlining the gender, ethnic, and racial composition of their staff with the EEOC, as are federal government contractors and first-tier subcontractors with at least 50 workers and $50,000 or more in government contracts. Public school systems as well as state and local government agencies are exempt from this data collection.
What is the purpose of this data collection?
The EEOC collects employee demographic data for several reasons. First, the data helps support the commission’s efforts to enforce antidiscrimination laws. The demographic information also drives valuable research on employment patterns. It may also prove useful for employers themselves, who may draw on the data to self-assess and evaluate internal diversity initiatives. Employers may also share the data publicly as a means of practicing transparency and accountability in their DEI efforts.
Changes to the filing process:
As previously noted, the EEOC has elected to change the filing deadline for the EEO-1 form. While in the past the deadline has been in May or June, it is now December 5th. This change was made with the aim of streamlining the reporting process for employers.
It is also important to note that the White House Office of Management and Budget (OMB) has only approved the structure, content, and reporting format of the EEO-1 form for one year, rejecting the EEOC request for a three-year approval. As a result, the requirements and deadlines laid out this year may be subject to change in coming years.
Changes to the form content:
There are a few changes and potential future changes to EEO-1 form content of which employers should be advised.
First, Type 6 reports have been eliminated from the EEO-1 form. Previously, these reports were used by a small number of employers to provide summary data for facilities of less than 50 employees. Since these reports are no longer in use, employers will now have to provide detailed demographic data for facilities of all sizes.
The collection of pay data via EEO-1 reporting remains suspended after it was halted in 2019 for being unduly burdensome for employers. While this year’s EEO-1 form will not require employers to provide pay data, it is possible that the EEOC will resume this requirement in some capacity in the future.
Additionally, while the racial categories on the EEO-1 form remain white, Black or African American, Native Hawaiian or other Pacific Islander, Asian, American Indian or Alaska Native, or two or more races, with Hispanic or Latino offered as ethnic categories, these designations may be subject to change in coming years. Elements of the decision produced by the Supreme Court in its recent affirmative action case may prompt a revision of these racial categories in the future. However, the categories will remain as they are for the purposes of this year’s data collection.
Other helpful resources:
For more complete information regarding the updated requirements and deadlines for EEO-1 filing, additional EEOC resources are provided below:
2022 EEO-1 Component 1 Instruction Booklet
2022 EEO-1 Component 1 Data File Upload Specifications
Should you have any additional questions about EEO-1 compliance, a Harger Howe Account Manager would be happy to help you. To learn more about Harger Howe Advertising and the services we provide, please contact our President Mike Walsh at mwalsh@hargerhowe.com.
