EEOC Announces Oct. 31 Opening and Dec. 5 Deadline for 2022 EEO-1 Reports
On Sept. 1, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Oct. 31, 2023, is the date employers may expect the portal for submitting 2022 EEO-1 Reports to open. The EEOC also set a Dec. 5, 2023, deadline for completion of 2022 EEO-1 reporting submissions.
- The EEOC will open the portal for employers to begin entering 2022 EEO-1 information on Oct. 31, 2023.
- The deadline for employers to complete their 2022 EEO-1 Report submissions is Dec. 5, 2023.
- The EEOC anticipates posting an updated EEO-1 Instruction Booklet on Sept. 6, 2023, and updated EEO-1 Data File Upload Specifications on Sept. 13, 2023.
- An employer that fails or refuses to file an EEO-1 Report as required may be compelled to do so by a federal district court.
EEO-1 Overview
The EEO-1 Report is a federally mandated survey that collects workforce data categorized by race, ethnicity, sex and job category. Under Title VII of the Civil Rights Act, certain employers must usually submit EEO-1 Reports by March 31 each year. For 2022 EEO-1 Reports, however, the EEOC had previously extended the portal’s opening date twice—first until mid-July and then later until mid-fall—before making the most recent announcement.
Updated Resources
According to the EEOC, its online message center for employers to ask questions and obtain other support for EEO-1 reporting will open along with the portal on Oct. 31, 2023. The agency also indicated that it would release updated instructions and specifications for 2022 reporting in early September 2023. These new resources will be posted on EEOC’s EEO-1 Data Collection site as they become available.
Covered Employers
The following entities are subject to EEO-1 reporting:
- A private employer that has 100 or more employees (with limited exceptions for schools and other organizations);
- A private employer with between 15 and 99 employees, if it is part of a group of employers that legally constitutes a single enterprise that employs a total of 100 or more employees; and
- A federal contractor that has 50 or more employees; is either a prime contractor or first-tier subcontractor; and has a contract, subcontract or purchase order amounting to $50,000 or more.
Although the EEOC sends notification letters to employers it knows to be subject to EEO-1 requirements, all covered employers are responsible for obtaining and submitting the necessary information prior to the appropriate deadline. Employers filing EEO-1 Reports for the first time must register to receive login information, a password and further instructions for filing from the EEOC.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2023 Zywave, Inc. All rights reserved.
