On October 31, 2023, the Equal Employment Opportunity Commission (EEOC) will open the 2022 EEO-1 Component 1 Report for employers to report the race, ethnicity and gender of their employees (by job category) with a due date on December 5, 2023. Of note, the relevant data should be gathered based on an employer’s workforce from October 1, 2022 to December 31, 2022.

This reporting is mandatory for private sector employees with 100 or more employees, employers with less than 100 employees who are related to other entities so there is a combined employee count over 100 employees may be required to report and certain federal contractors with 50 or more employees.

The EEOC is in the process of releasing numerous resources to assist employers in reporting, including the Filer Support Message System that will open on October 31, 2023, the Instruction Booklet released on September 6, 2023, and the Data Upload Specifications which is anticipated to be released on September 13, 2023.

At this time, there are no known changes to the substance of what employers must report but the actual report may look different and likely will be streamlined; however, that is only for the 2022 EEO-1 Reporting and is subject to change in the following years.

Polsinelli will continue to monitor developments with the EEO-1 report.