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WHEN IS THE EEOC EEO-1 REPORTING DUE THIS YEAR?

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The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the 2022 EEO-1 Component 1 data collection is tentatively scheduled to open in mid-July 2023. This year’s timeline for submitting the EEO-1 Report differs from past years. Last year, the reporting period began on April 12, 2022.

The EEO-1 Report is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category. According to the EEOC, this data is used for a variety of purposes, including enforcement, self assessment by employers and research. Under Title VII of the Civil Rights Act, employers with 100 or more employees — with some exclusions — and certain federal contractors must report this data to the EEOC each year. Employers are typically required to file their report by March 31, but, in recent years, the date for the EEOC’s portal opening and the deadline for submitting the data have been delayed, creating confusion and uncertainty for employers.

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 deadline. If an employer fails or refuses to file an EEO-1 Report, they may be compelled to do so by a federal district court.

What’s Next?

If preparing or filing the EEO-1 Report creates an undue hardship, an employer may send a written request for an exemption or special reporting procedures to the EEOC. Employers may obtain a one-time, 30-day extension of the EEO-1 filing deadline by emailing a request to the EEOC. However, the EEOC does not grant any exemptions or extensions requested after the filing deadline.

Updates regarding the 2022 EEO-1 data collection, including the opening date, will be posted on the EEOC’s EEO-1 website, eeocdata.org/eeo1, as they become available. As such, employers should continue to monitor the EEOC’s website

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