Eligible employers must file the 2023 EEO-1 Component 1 report by Tuesday, June 4, 2024. The Equal Employment Opportunity Commission (EEOC) recommends starting this process early to meet the upcoming deadline.
Title VII of the Civil Rights Act mandates that eligible employers file EEO-1 data annually. Employers with 100 or more employees must submit the EEO-1 report with a few special additions. Here are some details on the minutia to help you understand if you need to file.
Private employers
A private employer subject to Title VII with 100 or more employees during the fourth quarter (October 1 through December 31) of the reporting year is legally required to file. This criteria also refers to private employers with less than 100 employees if they own or are affiliated with another employer to form an enterprise with 100 or more employees.
Federal contractors
Federal contractors must submit and certify annual EEO-1 Component 1 reports only if they meet all of the following four criteria:
- They are not exempt from provisions of these regulations under § 60-1.5
- They have 50 or more employees
- They are a prime contractor or first-tier subcontractor
- They have a government contract or purchase order of $50,000 or more
If you are still trying to determine if your company meets the criteria to file, see the Office of Federal Contract Compliance Programs (OFCCP) regulations.
How to File
Eligible employers can begin filing now through EEOC’s Online Filing System (OFS). Returning filers can log in and start filing using the same credentials they used last year. The EEOC features an online Filer Support Message Center to guide filers, and newly eligible filers can contact the EEOC for assistance in creating a new account.
Failure to File
If an employer fails to complete EEO-1 Component 1 filing by the deadline of Tuesday, June 4, 2024, they will receive a “Notice of Failure to File” from the EEOC requesting completion as soon as possible. No late filings will be after 11:00 pm ET (i.e., Eastern Time) on Tuesday, July 9, 2024 (i.e., “Failure to File” deadline).
After this deadline passes, eligible employers that have not filed will be considered out of compliance with their mandatory 2023 EEO-1 Component 1 filing obligations and may be compelled to file by order of a U.S. District Court.
Although the EEOC sends notification letters to employers known to be subject to EEO-1 requirements, all eligible employers are responsible for obtaining and submitting the necessary information before the appropriate deadline.
The EEOC has compiled an updated list of almost 200 FAQs to answer any further questions or to assist you in filing. This FAQ list is available in PDF format on their website here.
What is the EEO-1 Report, and what is it used for?
The EEO-1 Report is a collection of workforce demographic data required for eligible employers by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), since 1966. More specifically, they want to know the job category, sex, race, and ethnicity of their employees.
The EEOC collects employment demographic data to investigate charges of employment discrimination and publish periodic reports. All data is protected to ensure employer and employee confidentiality, and any reports published refer to the data in an aggregate sense to ensure privacy.
For more information on the EEOC and how they use employee data, please visit https://www.eeocdata.org/eeo1.
FAQs
Who is required to file the EEO-1 Component 1 report?
Private employers with 100 or more employees during the fourth quarter of the reporting year are required to file. This also includes private employers with less than 100 employees if they are affiliated with another employer to form an enterprise with 100 or more employees.
What are the criteria for federal contractors to file the EEO-1 report?
Federal contractors must submit and certify annual EEO-1 Component 1 reports if they are not exempt from regulations, have 50 or more employees, are a prime contractor or first-tier subcontractor, and have a government contract or purchase order of $50,000 or more.
How can eligible employers file the EEO-1 report?
Eligible employers can begin filing through the EEOC’s Online Filing System (OFS). Returning filers can log in using the same credentials, and new filers can contact the EEOC for assistance in creating a new account.
What happens if an employer fails to file the EEO-1 report by the deadline?
Employers who fail to file by the deadline will receive a “Notice of Failure to File” and may be compelled to file by order of a U.S. District Court. Late filings will not be accepted after the “Failure to File” deadline.
