Although EEO-1 reports were due on December 5, employers that have not submitted and certified their data to the Equal Employment Opportunity Commission (EEOC) still have a chance to comply. Covered employers must submit and certify their reports as soon as possible, and no later than January 9, which the EEOC has stated is the “Failure to File” deadline. Employers should not expect the portal to remain open after this date, as the agency noted that no additional reports will be accepted, and employers that fail to file will be out of compliance. Here’s what you should you do if you have not yet filed.

Calling **ALL** Employers: Determine Whether Your Business is Covered

Does “ALL” really mean ALL? Almost. Any private employer subject to Title VII of the Civil Rights Act with 100 or more employees during an employer-selected pay period in the fourth quarter of 2022 has a legal obligation to submit and certify an annual EEO-1 Component 1 report containing required workforce demographics. Likewise, federal contractors with 50 or more employees must submit and certify the report to the EEOC.

There are some exceptions: Local referral unions, state and local governments, and public elementary and secondary school systems and districts are exempt from filing EEO-1 reports (though they are subject to other reports). But “private employers” can and does include non-profits, independent schools, private higher education institutions, churches and religious organizations, professional employer organizations (PEOs), and many other employers who may think of their organization as a type of employer that might not be covered.

Do you have 100 employees? To add another layer of complexity, counting to 100 comes with special rules, too. An employer must consider whether it owns, is owned by, and/or is affiliated or associated with another employer (for example, if there is interrelation between operations) or whether there is centralized or common ownership, control, or management so that the group of employers constitutes a single enterprise and/or integrated enterprise and the entire enterprise had 100 or more employees.

You can learn more about EEO-1 compliance and review our five-step action plan here.