The EEOC recently announced a tentative schedule for EEO-1 Component 1 2021 reporting, with a shorter filing period than in previous years. Here’s what employers need to know: data collection opens on April 12, 2022 and the tentative deadline to file is June 21, 2022. We’ll keep you posted on any further updates.
Need a refresher on what EEO-1 reporting entails? We’ve got you covered.
EEO-1 Reporting in 2022: Who’s Required to File?
All private employers with 100 or more employees, all federal contractors and first-tier subcontractors with 50 or more employees and all financial institutions/government depositories with 50 employees or more are required by federal law to categorize employment data by race, ethnicity, gender and job category.
What is the EEO-1 Report?
The EEO-1 report is used to review employment practices, patterns and identify any instances of workplace discrimination. The EEOC and the Office of Federal Contract Compliance Programs (OFCCP) review the EEO-1 report to determine which employers should be further evaluated for any compliance violations.
What’s the Purpose of the EEO-1 Report?
EEO-1 Component 1 data relates to job categories sorted by race, ethnicity and gender. EEO-1 Component 2 data requires employers to include the hours employees work and pay information from their W-2 forms by race, ethnicity and gender within 12 pay bands.
What is the Deadline for EEO-1 Reporting?
The deadline for covered employers to report 2021 data is tentatively set for May 17, 2022. Note: this only comprises Component 1 data.
In the past couple of years, EEO-1 reporting deadlines have been hard to predict. For more than five decades, employers were required to submit the EEO-1 report by September 30 of each year. In 2018, that date changed to March 31. In 2019, the Equal Employment Opportunity Commission (EEOC) notified all employers of an extension for reasons related to the government shutdown. In 2020, the deadline was delayed again, this time due to the pandemic. The deadline for 2019 and 2020 reports to be filed was October 25, 2021.
Component 2 data (related to pay) for FY 2017 and 2018 was required to be filed by September 30, 2019. Collection of this data for subsequent years has been halted—however, this has been the topic of legal debate and is subject to change.
California Pay Data Reporting
In 2020, California passed Senate Bill 973, making it the first state to require pay data reporting by race and gender. This is essentially a state-level version of EEO-1 Component 2 reporting. This year, covered employers (with more than 100 employees) will be required to file to the California Department of Fair Employment and Housing (DFEH) by March 31, 2022. As with the federal reporting, our system is set up to make reporting as simple as possible for our clients.
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