Happy Halloween from the EEOC! The federal agency’s 2022 EEO-1 Component 1 data collection is now open.
- The deadline for submitting and certifying 2022 data is December 5, 2023
- Employers should use this website to access the filing system: www.eeocdata.org/eeo1
- The agency published an updated instruction booklet here: https://www.eeocdata.org/pdfs/2022_EEO_1_Component_1_Instruction_Booklet.pdf
By way of reminder, all private employers that have at least 100 employees are required to file the EEO-1 form annually, detailing the racial, ethnic and gender composition of their workforce by specific job categories. Likewise, federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must file EEO-1 reports. The form does not currently include pay data, though some states (like California) have added that requirement.
The updated instruction booklet provides more detail on reporting the sex of employees who self-identify as non-binary. Because the EEO-1 Component 1 data collection form still provides only binary options (i.e., male or female) for reporting employee counts by sex, job category, and race or ethnicity, the booklet states that employers may voluntarily choose to report employee demographic data for non-binary employees in the “comments” section of the report. Employers that voluntarily choose to report non-binary employees in the “comments” section should not assign such employees to the male or female categories or any other categories (i.e., job category and race or ethnicity) within the report.
For support with your filing obligations, please contact a member of our team.