e-Alerts

e-Alert – EEO-1 Portal Still Closed Pending OMB Approval

Background

The Civil Rights Act of 1964, as amended, requires employers with 100 or more employees (as well as some others) to submit an EEO-1 Report to the Equal Employment Opportunity Commission (EEOC) every year by March 31. The EEO-1 report categorizes employment data according to race/ethnicity, gender, and job category of your employees (Component 1) and, beginning for the year 2019, data on pay and hours worked (Component 2).

Currently, the EEO-1 Portal, where eligible employers should file their EEO-1 reports for 2019, remains closed, leaving many employers with questions and concerns. More specific information about this year’s EEO-1 filing deadline should be coming soon, but employers can find general data about the EEO-1 reporting and filing here.

Summary

As noted above, the EEO-1 Portal is still closed at this time, though the March 31, 2020 deadline for filing 2019 EEO-1 reports has come and gone. This is because the EEOC has not yet received approval from the Federal Office of Management and Budget (OMB) to collect Component 1 data. The OMB has not yet responded to the EEOC’s request to collect Component 1 data or provided an updated deadline for when employers should plan to submit their reports.

Additionally, the EEOC has opted to separate collection of Component 1 and Component 2 data and has chosen not to apply for approval to collect Component 2 data for the time being. As noted above, Component 2 data includes hours worked and pay data, so employers do not need to report this information for 2019 unless otherwise noted by the EEOC.

Eligible employers should still prepare their EEO-1 Component 1 reporting as usual and stay tuned for an updated deadline for filing through the portal.

Employer Next Steps

  • Employers that are required to file EEO-1 reports should prepare to file their Component 1 data for 2019 as they normally would.
  • Keep an eye on EEOC updates in the coming weeks, which should include an updated deadline for filing.
  • If you are unsure if your company is required to file EEO-1 reporting, see the FAQ that we have linked in the Background section of this e-Alert, or consult with an HR professional.
  • If you are a Full-Service or Virtual HR client and would like our assistance with EEO-1 data collection or reporting, please email us.

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