The 2022 EEO-1 Component 1 data collection process will open on October 31, 2023. Private employers with at least 100 employees and federal contractors with at least 50 employees and are subject to Executive Order 11246, must complete and submit an online EEO-1 Report. The report requests information about employees' job categories, ethnicity, race, and gender. Private employers with less than 100 employees may still have a reporting obligation if they are affiliated or associated with another entity, or there is centralized or common ownership, control, or management with another entity such that they operate as a single enterprise or integrated enterprise which, collectively, has 100+ employees. The workforce snapshot period is from October 1 to December 31 of the year being reported. The form is filed with the Equal Employment Opportunity Commission and the U.S. Department of Labor annually. The information is retained confidentially and is used to investigate charges of discrimination and prepare periodic reports on workforce demographics.

The deadline to file the 2022 EEO-1 Component 1 report is December 5, 2023. Click here for information about completing the 2022 EEO-1 Component 1 Instruction Booklet, which includes guidance about voluntarily reporting on newer demographic categories such as self-reported non-binary employees or employees of two or more races. The booklet also provides guidance on which location to report remote or field employees. The EEO-1 offers an online help desk, which will also be available on October 31, 2023.

The EEOC expects to post the updated 2022 EEO-1 Component 1 Data File Upload Specifications to http://www.eeocdata.org/eeo1 on or after September 13, 2023. While there is no financial penalty for not filing an EEO-1 report, the EEOC can seek a court order to compel non-complying companies to file the report, which could result in an employer potentially being held in contempt. For federal contractors, failure to file could jeopardize their federal contracts.

Component 2, which required employers to provide information about salary and benefits, was suspended in 2019 but it is anticipated to be revamped as part of efforts to gather pay data and facilitate pay equity. For now, several states, including California, Illinois, Colorado, Minnesota, Massachusetts, New Jersey, Oregon, and Washington, require pay data reporting. Multi-state employers should understand local filing obligations beyond the EEO-1 requirement.

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