EEOC Announces deadline for 2021 EEO-1 Reports and EEO-1 Changes

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Proskauer - Law and the Workplace

On January 6, 2022, the EEOC announced that the data collection portal for 2021 EEO-1 Component 1 reports is “tentatively scheduled” to open on April 12, 2022, and that the “tentative deadline” for employers to file their EEO-1 reports is May 17, 2022.

The EEOC also announced it “is discontinuing the EEO-1 Component 1 Type 6 Establishment List Report (“Type 6 Report”) for reporting establishments with fewer than 50 employees.”  Instead, employers with establishments with fewer than 50 employees will have to use a Type 8 Establishment Report for those locations.  Now, employers will have to submit separate Type 8 Reports for each establishment with fewer than 50 employees.  The EEOC also issued a Fact Sheet, in which it notes “the Type 6 Establishment List Report required filers to submit the establishment name, address, and total number of employees. It did not require the inclusion of the establishment’s employee data categorized by race/ethnicity, sex, and job category. Type 6 filers were required to manually enter and include such employee data in their Type 2 Consolidated Report.”  By contrast, Type 8 Reports provide such employee data for each establishment.

The EEOC explains the “change will allow the EEOC to collect more accurate employee demographic data in support of the agency’s mission to prevent and remedy unlawful employment discrimination and advance equal opportunity for all in the workplace.”

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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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