Workplace Law Lowdown | EEOC Sets Deadline for Submission of Employers’ Diversity Data

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The U.S. Equal Employment Opportunity Commission (“EEOC”) pushed back the deadline to submit 2019 and 2020 workforce diversity data (“EEO-1 Reports”) to August 23, 2021. The 2019 and 2020 EEO-1 Reports will only collect type-1 data (ethnicity/race/gender by EEOC job classifications). The type 2 data (hours/pay ranges) is not being collected for 2019 and 2020. Private employers with 100 or more employees, and federal contractors with 50 or more employees must file EEO-1 Reports. Failure to file by a federal contractor could result in debarment by the Office of Federal Contract Compliance.

The 2019/2020 online data collection portal is already open for employers to begin submitting their reports. Employers must enter and certify 2019 reports, prior to entering 2020 data. Data can be entered manually or uploaded with a data file that complies with the portal’s data collection requirements. Acquisitions, spinoffs, and divestitures should be reported immediately to provide time for the Acquisition, Spinoff, and Divestiture (“ASM”) Team to contact the filer to finalize the file transfer. The ASM Team appears to be weeks behind in contacting employers, so do not delay in reporting acquisitions, spinoffs, and divestitures.

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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