For more than 50 years, the Equal Employment Opportunity Commission has required certain employers to submit annual EEO-1s with workforce demographic data (i.e., number of employees by job category and by sex and race or ethnicity). Additionally, the Office of Federal Contract Compliance Programs regulations require certain federal contractors to file this data as well.

This data is currently collected electronically through a web-based data collection application, the EEO-1 Component 1 Online Filing System (OFS).

For employers who file EEO-1 reports, get ready.

Who Has to File?

If you are a private sector employer and you have 100 or more employees, you need to file. 

If you are a private sector employer and have 15-99 employees but are owned or affiliated (i.e., part of an integrated enterprise) and the enterprise has more than 100 employees, you need to file.

Some federal contractors need to file. If you are a federal contractor and you (1) have 50 or more employees, (2) are a prime contractor or first tier subcontractor, and (3) have a contract (including subcontract or purchase order) amounting to $50,000 or more or “serve as a depository of Government funds in any amount,” or are a financial institution that “is an issuing and paying agent for U.S. savings bonds and savings notes,” you may need to file. Check to see if you are exempt. 

Finally, if you are a subcontractor below the first tier and you perform “construction work at the site of construction,” you may need to file if you have 50 or more employees and have a subcontract for $50,000 or more. Again, check to see if you are exempt.

What Do You Have to File?

The 2022 EEO-1 Component 1 Report. The Instruction Booklet is available now.

The EEOC’s data collection is scheduled to open on Tuesday, October 31, 2023. The EEOC will have a dedicated website for the EEO-1 data collection. If there is a delay on the opening, it will be posted on that site or on the EEOC’s public site.

When Do You File?

The deadline to file is Tuesday, December 5, 2023.

Now What?

Start getting your data in order. According to the Instruction Booklet, once data collection closes you cannot correct and/or update your data. Also, if you fail to file an EEO-1 you cannot submit it with the next cycle.