EEOC Opens EEO-1 Reporting Portal for 2022 Workforce Data 

The portal for private sector employers to submit equal employment opportunity (EEO-1) workforce data from 2022 to the U.S. Equal Employment Opportunity Commission (EEOC) has opened as of Oct. 31, 2023.

The deadline for submissions is Dec. 5, 2023. This data collection was previously delayed.

EEO-1 Reporting Background

Mandated under Title VII of the Civil Rights Act, the EEO-1 Report is an annual survey that requires certain employers to submit information about their workforces by race or ethnicity, gender and job categories by March 31 every year. The EEOC uses the collected data to enforce Title VII’s prohibitions against employment discrimination based on race, color, religion, national origin or sex.

Employers Subject to EEO-1 Reporting

In general, a private sector employer is subject to EEO-1 reporting if it:

·         Has 100 or more employees;

·         Has 15-99 employees and is part of a group of employers with 100 or more employees; or

·         Is a federal contractor with 50 or more employees and a contract of $50,000 or more. 

Employer Action Items

Employers subject to EEO-1 reporting requirements should begin submitting 2022 EEO-1 data in the EEO-1 portal and ensure they complete these submissions by Dec. 5, 2023. 

Employers should also review the following for additional information:  

·         EEOC home page and website dedicated to EEO data collection;

·         2022 EEO-1 Component 1 Instruction Booklet; and

·         2022 Component 1 Data Collection Specifications. 

Although the EEOC sends notification letters to employers it knows to be subject to the EEO-1 requirements, all employers are responsible for obtaining and submitting the necessary information prior to the appropriate deadline. 

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

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