E-Alerts

EEOC Announces December 5, 2023 Deadline For Filing Of 2022 EEO-1 Forms

In accordance with a recent announcement by the U.S. Equal Employment Opportunity Commission (“EEOC”), employers subject to EEO-1 reporting requirements should be aware that they are required to submit their 2022 EEO-1 forms by December 5, 2023.

Purpose And Contents Of The EEO-1 Form

As part of its enforcement responsibilities under Title VII of the Civil Rights Act of 1964, the EEOC requires employers meeting certain criteria to submit workforce demographic data on an annual basis through the EEO-1 form. In general, an employer is subject to this requirement if it (i) employs at least 100 individuals, or (ii) is a federal contractor and has at least 50 employees.

The EEO-1 form requires employers to report the numbers of individuals they employ by job category, sex, and race or ethnicity.

The EEOC publishes aggregated summaries of the EEO-1 data it receives in the form of workforce demographics reports. Employers’ individual EEO-1 reports are not made publicly available except in specified circumstances, such as legal proceedings brought by the EEOC involving EEO-1 reports. The EEOC may also use the data collected to investigate charges of employment discrimination brought by individuals.

EEO-1 Reporting Process

Employers must submit their EEO-1 data electronically through a portal on the EEOC website (available at eeocdata.org). The window for submitting these reports opened on October 31, 2023, and closes on December 5, 2023. The EEOC publishes an instructional booklet, in hard copy as well as on the agency’s website, to help guide employers through the process.

Once an employer’s EEO-1 report has been completed, the employer must have a “Certifying Official” employed by the company certify that the information provided in the report is correct and true to the best of the official’s knowledge. An individual who makes willfully false statements on the EEO-1 may face fines, imprisonment for up to five years, or both.

Failure To File

Employers that do not submit their EEO-1 forms by the December 5, 2023 deadline will receive a “Notice of Failure to File” from the EEOC instructing them to submit and certify their data as soon as possible, and by no later than January 9, 2024.

After this January deadline passes, a covered employer that has failed to submit its EEO-1 form will be deemed out of compliance. An employer in this situation may be compelled to file by order of a U.S. District Court, upon application by the EEOC. Continued failure to file may result in an employer’s being held in contempt.

* * *

If you have questions about your organization’s EEO-1 reporting obligations, or any other issues under Title VII, please feel free to contact one of our experienced employment lawyers.