EEO-1 Data Collection Deadline

In a recent announcement, the U.S. Equal Employment Opportunity Commission (EEOC) has provided employers with an updated deadline to submit their essential demographic data.

With the commencement of the EEO-1 Component 1 data collection for the year 2022 set for October 31st, employers will now have until December 5th to file their crucial EEO-1 reports.

This extension allows companies ample time to gather and analyze the necessary information to ensure accurate and comprehensive reporting, promoting transparency and fairness in the workplace. By adhering to these deadlines, employers can contribute towards fostering a diverse and inclusive workforce, ultimately leading to greater opportunities and equitable treatment for all employees.

The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit demographic workforce data, including data by job category and sex and race or ethnicity to the EEOC. 

The 2022 EEO-1 Component 1 Instruction Booklet is now available at the following link https://www.eeocdata.org/pdfs/2022_EEO_1_Component_1_Instruction_Booklet.pdf

All updates about the 2022 EEO-1 Component 1 data collection, including the updated 2022 EEO-1 Component 1 Data File Upload Specifications, will be posted to www.eeocdata.org/eeo1 as they become available. The EEOC anticipates posting the updated 2022 EEO-1 Component 1 Data File Upload Specifications for filers on Wednesday, September 13, 2023.

Race data: According to SHRM, currently, the categories for race on the EEO-1 form are White, Black or African American, Native Hawaiian or other Pacific Islander, Asian, American Indian or Alaska Native, or 2 or more races. Hispanic or Latino is categorized as an ethnicity, not a race, on the form.

Some comments in court documents in the Supreme Court's recent affirmative action case suggested the race categories in the EEO-1 form are overly broad, so they might be revised in the future. EEOC spokesman Victor Chen confirmed that the race categories won't change for the 2022 data collection.

"While the EEOC has participated in the Interagency Technical Working Group (ITWG) that's looking at revising the race and ethnicity categories, the ITWG is expected to complete their revisions next year by summer 2024," said Rachel See, an attorney with Seyfarth in Washington, D.C.

Pay data: According to HRdrive, employers are not required to report pay data as part of Component 1. Pay data collection as part of EEO-1 Component 2 remains on hold; EEOC last collected Component 2 in 2018 and has not renewed the collection since.

A 2022 report commissioned by EEOC and conducted by the National Academies of Sciences, Engineering and Medicine examined the agency’s 2018 pay data collection and determined the data “may be used effectively” to address pay discrimination, but the agency has not announced any future pay data reporting requirements.

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