EEOC Delays EEO-1 Filing Obligations Due to COVID-19

Spilman Thomas & Battle, PLLC

Spilman Thomas & Battle, PLLC

The U.S. Equal Employment Opportunity Commission (“EEOC”) is delaying data collection for their annual EEO-1 Report filing. The EEO-1 Employer Information Report, is a survey that is required annually for larger employers and government contractors. The survey collects employment data organized by race, ethnicity, gender, and job category. The EEO-1 report is generally due by May 31, but the EEOC is delaying the process this year due to the public health emergency and the difficulty employers may have in compiling the necessary information. The federal agency says the postponement is intended to ensure that “filers are better positioned to provide accurate, valid and reliable data in a timely manner.”

According to the EEOC, they are expecting to begin collection of both the 2019 and 2020 EEO-1 Reports in March of 2021. This process is subject to approval from the Office of Management and Budget. Once approved, the EEOC will provide the precise date as soon as it is available. Accordingly, employers still should maintain the required information because it will be needed at some future date.

The EEOC already had delayed pay data reporting for the EEO-1 Report, though it has said it may require that information at some point in the future after several judicial challenges to the process on past reporting. The EEOC is still expecting to publish rulemaking on this issue by the fall. We will keep you apprised of any developments.

The announcement also delays the collections of the 2020 EEO-3 Report, which collects data from local unions, and the EEO-5 Report, which requests information from public elementary and secondary school districts.

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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