Deadline For Employers’ Federal EEO-1 Filing Now Due on Dec. 5, 2023

CDF Labor Law LLP

After multiple delays, the United States Equal Employment Opportunity Commission’s (EEOC) EEO-1 filing deadline is locked on December 5, 2023 (for data pertaining to 2022). All private sector employers with 100 or more employees, and covered federal contractors with 50 or more employees, need to file this annual EEO-1 report requiring submission of employees’ demographic data.

The EEO-1 Component 1 requires disclosure of workforce demographic data, including protected categories such as sex, race, and ethnicity. Component 2 requires further detail such as hours worked, and certain pay information (that CDF previously described that can be found here).  

Originally, the EEOC stated that the 2022 EEO-1 Component 1 filing was scheduled to begin in mid-2023. That start date was already later than the start date compared to prior years, but was delayed again when the EEOC announced reporting would not begin until fall of 2023. Finally, on September 1, 2023, the EEOC announced a firm deadline for qualifying employers to submit EEO-1 reports by December 5, 2023. The relevant workforce demographic data to be input is from the fourth quarter of 2022, October 1, 2022 to December 31, 2022.  

The EEOC has already released tools, including an Instruction Booklet and the Data Upload Specifications to assist in the submission process. We expect additional resources will be released to assist employers, including the Filer Support Message System which will be available on October 31, 2023. Employers should also be on the lookout for a list of frequently asked questions (FAQs) that the EEOC will likely release soon.

There may be additional changes or tools to help employers streamline the reporting process in the years to come. While most employers already collect and track employees’ demographic data each year, it is a significant task to extract, organize, and present the data in compliance with the EEOC’s requirements, which, of course, differ from California’s requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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