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EEOC Enforcement Alert: Critical Steps for EEO-1 Reporting Compliance Before the June 4, 2024 Deadline

Updated: Jun 6

The U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against 15 employers in 10 states for failing to submit their EEO-1 data reports for 2021 and 2022, despite receiving notices of non-compliance. This unprecedented enforcement action serves as a critical reminder for all businesses to meet their EEO-1 reporting obligations promptly. With the June 4, 2024, deadline for this year's EEO-1 reports fast approaching, it is essential to take immediate steps to ensure compliance.


For additional information regarding the EEO-1 report, and to find out how this could impact your business, please contact our Partner, Fiona Xu, at fiona.xu@consultils.com.


EEO-1 Reporting

What is an EEO-1 Report?


An EEO-1 report, also known as an employer information report or Standard Form 100, is an annual survey that certain businesses must complete. This report is required by the EEOC and provides a demographic breakdown of the employer’s workforce by race, gender, ethnicity, and job category. The EEOC uses this information for enforcement, research, and monitoring industry trends.


Who Must File?

  • Private employers with at least 100 employees.

  • Federal contractors or first-tier subcontractors with at least 50 employees who:

    • Have a contract, subcontract, or purchase order amounting to $50,000 or more, or

    • Serve as a depository of government funds or as a financial institution issuing and paying agent for U.S. Savings Bonds and Notes


Steps to Ensure Compliance Before the June 4 Deadline

To avoid non-compliance and ensure timely submission of your EEO-1 report, follow these steps:


  1. Determine Your Reporting Period: Choose a payroll end date between October 1, 2023, and December 31, 2023, as your “workforce snapshot period.” This period determines which employees are included in your report. Any employer with 100 or more employees at any point in Q4 2023 must file an EEO-1 report.

  2. Categorize Employees Accurately: Ensure job titles are categorized correctly according to EEO-1 job categories: (1) Executive/Senior-level officials and managers (2)First/Mid-level officials and managers (3)Professionals (4)Technicians (5)Sales workers (6)Administrative support workers (7)Craft workers (8)Operatives (9)Laborers and helpers (10)Service workers

  3. Enable Employee Self-Identification: Allow employees to self-identify their gender and race/ethnicity, communicating the voluntary nature of this inquiry. Categories include: (1) Hispanic or Latino (2)White (3)Black or African American (4)Native Hawaiian or Other Pacific Islander (5)Asian (6)American Indian or Alaska Native (7)Two or More Races (8)Report non-binary employees in the comment section.

  4. Designate a Point of Contact: Assign an “account holder” to manage the EEO-1 report filing through the EEO-1 Component 1 Online Filing System (OFS). This person will handle data entry or file uploads and ensure certification by the employer’s official.

  5. Submit Your Report Promptly: File your EEO-1 report by June 4 to avoid system slowdowns and technical issues. The EEOC rarely grants extensions for late submissions.


How to Submit an EEO-1 Report?

Submitting your EEO-1 report is straightforward. The EEOC provides an online portal where employers can input all the necessary information. Here’s a quick guide to the process:


  1. Create an Account: First-time filers must register with the EEOC to receive a login ID and password.

  2. Collect Employment Data: Gather demographic information for any pay period from October to December. Best practices include allowing employees to self-identify their race, gender, and ethnicity.

  3. Complete the Report: Enter your data manually through the EEOC’s online portal or upload a data file. Follow the provided instruction booklet to ensure accuracy.

  4. Submit the Report: Review all entered information for correctness and submit the report through the portal.


Conclusion

The EEOC's recent legal actions highlight the necessity of adhering to EEO-1 reporting requirements. With the upcoming deadline, it is imperative that businesses take immediate steps to ensure compliance. Following the outlined steps will help your organization avoid legal challenges and contribute to a diverse and equitable workplace.


For additional information regarding the EEO-1 report, and to find out how this could impact your business, please contact our Partner, Fiona Xu, at fiona.xu@consultils.com.


 
fiona xu

Fiona Xu, Esq. is the Partner and Head of Corporate Transaction of ILS. She works with clients in a wide range of industries and at all stages of their life cycles. She helps companies maximize the value of their strategic relationships and the return on their equity investments, both domestically and internationally.


Email: fiona.xu@consultils.com | Phone: 626-344-8949


*Disclaimer: This article does not constitute legal opinion and does not create any attorney-client relationship.


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