EEO-1 Opening Announcement 2021 Report

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The Equal Employment Opportunity Commission (EEOC) announced that it will open the 2021 EEO-1 Component 1 Report on April 12, 2022 with a due date of May 17, 2022.  The EEOC’s announcement indicates that both dates are “tentative” and EEO-1 opening and closing dates have been subject to modification by EEOC in recent years. 

The EEO-1 requires covered employers to report by job category the race, ethnicity and gender of its employees.  Covered employers include those with 100 or more employees and federal contractors with 50 or more employees and a federal contract of $50,000 or more.  Note that employers with less than 100 employees who are owned or affiliated with another entity such that the combined employee count is over 100 employees may also be required to file this report.

Covered employers are encouraged to confirm that all employees have had the opportunity to voluntarily self-identify their gender, ethnicity and race.  If employees who have not responded to this voluntary invitation, employers may re-extend the invitation and/or rely on employment documents such as an I-9 or visual observation.  If an employer needs to rely on visual observation, it will be easier to gather this information now rather than waiting until April 2022.

EEOC has already announced one change for the 2021 report.  EEOC will discontinue the EEO-1 Component 1 Type 6 Establishment List Report for establishments with fewer than 50 employees.  These establishments must now use the Type 8 Establishment Report for the 2021 filing cycle. 

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

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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