What is the EEO-1 Component 1 Report?
Since 1966, the U.S. Equal Employment Opportunity Commission (the “EEOC”) has required employers to submit workforce demographic data (“EEO-1 Report”) on an annual basis. Within these EEO-1 Reports, certain employers must report the number of individuals they employ by job category and by sex and race or ethnicity. The EEO-1 Reports are confidential and are used by the EEOC to investigate charges of employment discrimination against employers in private industries and to public periodic reports on workforce demographics.
Who must file the EEO-1 Component 1 Report?
Pursuant to Title VII and Executive Order Number 11246, certain private and federal employers may be required to submit and certify annual EEO-1 Reports containing demographic data. Private employers that are subject to Title VII and has 100 or more employees in the fourth quarter of an employer selected pay-period (even if they were terminated during or after that period) are required to submit an EEO-1 Report. If a private employer has less than 100 employees, but is subject to Title VII and owns, is owned by, is associated with, or affiliated with another employer or there is centralized common owner ship and control with another employer with 100 of more employees (part-time and full-time), they also must submit and certify an annual EEO-1 Report.
A federal prime or subcontractor that meets the four following criteria must submit the report: (1) Is not exempt under 41 CFR 60-1.5, (2) has 50 or more employees, (3) is a prime contractor or first tier subcontractor, and (4) has a contract, subcontract, or purchase order amounting to $50,000.00 or more or serves as a depository of government funds in any amount.
When must the EEO-1 Component 1 Report be filed?
Data collection forEEO-1 Reports for the year of 2023 opens April 30, 2024, and must be submitted no later than June 4, 2024. After the deadline passes, an employer can no longer file or correct or amend a report that has already been filed.
How should the EEO-1 Component 1 Report be filed?
EEO-1 Reports are required to be submitted on the EEO-1 Component 1 Online Filing System (OFS) found at: www.eeocdata.org/eeo1. The EEOC will not accept paper reports.
What information is contained within the EEO-1 Component 1 Report?
The reports that must be contained within an employer’s report depends on how many “establishments” the employer has. An establishment is a single physical location where business is conducted.
Employers with only one physical establishment must submit and certify the EEO-1 Component 1 Report referred to as a “Single Establishment Employer Report.” In contrast, employers with two or more establishments must submit a Consolidated Report, a Headquarters Report, and an Establishment Level Report for each establishment.
Each report for both single-establishment employers and multi-establishment employers will require the employers to account for each of their employees by job category and by sex and race or ethnicity. The EEO-1 Report offers ten job categories that each employee must be assigned to: Executives/Senior Level Officials and Managers, First/Mid-Level Officials and Managers, Professionals, Technicians, Sales Workers, Administrative Support Workers, Craft Workers, Operatives, Laborers and Helpers, and Service Workers.
As for race or ethnicity, the EEOC recommends that employees be given the opportunity to voluntarily self-identify. However, should employees choose not to self-identify, employment records or observer identification can be made. When classifying employees by sex, the EEOC-1 Report currently only provides options for “Male” and “Female.” Employers may choose to report employee demographic data for non-binary employees but will need to do so in the “comments” section of the EEO-1 Report.
Attorneys at Burke Costanza & Carberry LLP are well-equipped to assist businesses in both collecting data about employees and filing the EEO-1 Report.