The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2022 EEO-1 Component 1 Data Collection platform today for mandatory electronic submissions of annual EEO-1 compliance reporting.  The workforce demographic data must be submitted on the web-based portal via manual data entry or data file upload.

The EEOC’s platform provides links to the 2022 EEO-1 Component 1 Data Collection Instruction Booklet, along with the 2022 EEO-1 Component 1 Data File Upload Specifications, an extensive FAQs resource, and a Job Classification Guide. The agency also has a filer help desk for assistance with filing. The latest announcements and updates can also be found on the EEO’s website home page.

 
Who Must File
The EEO-1 Component 1 report is a mandatory annual data collection that requires private sector employers that are subject to Title VII and that has 100 or more employees during a “workforce snapshot period.” (Private employers that are subject to Title VII and with fewer than 100 employees may also have mandatory reporting obligations under certain circumstances (e.g., single enterprise and/or integrated enterprise with 100 or more employees.))

Federal contractors with 50 or more employees meeting certain criteria, must also submit and certify workforce demographics including data by race/ethnicity, sex, and job categories.

Deadline to File
The deadline for submitting and certifying 2022 EEO-1 Component 1 Report(s) is Tuesday, December 5, 2023.

After the December 5, 2023 “Published Due Date” deadline, the EEOC begins the “Failure to File” phase.  Employers who miss the “Published Due Date” will receive a “Notice of Failure to File” and will be instructed to submit and certify employer’s data as soon as possible, but no later than January 9, 2024. 2022 EEO-1 Component 1 reports will not be accepted after the “Failure to File” deadline and eligible employers will be deemed “out of compliance” with the EEO-1 filing obligations.

Workforce Snapshot Period
The 2022 workforce snapshot period to be selected by the employer is a single pay period between October 1, 2022 and December 31, 2022.  However, next year’s (2023 collection data) snapshot period requirements will change.  “[A]n employer that meets the employee threshold for EEO-1 Component 1 reporting purposes at any time during the fourth quarter (i.e., October 1 through December 31) of the reporting year, may not select a workforce snapshot period where it falls below the threshold in an effort to avoid the filing requirement.”  This new snapshot period prevents employers from selecting a period that falls below the employee threshold requirements.

Modernization Efforts
In an effort to modernize reporting, the EEOC created the Office of Enterprise Data and Analytics (OEDA) back in 2018, attempting to streamline processes and improve the quality of data collection, including an updated reporting platform, providing online support, resource materials, and self-service options.

There have been significant changes to the 2022 reporting.  Notably, OEDA eliminated the separate “Type 4” and “Type 8” establishment reports and the “Type 6” establishment list reports for multi-establishment employers regardless of establishment size.  Also, the former “Type 2” consolidated report is now simply known as a “Consolidated Report.” 

Refer to the 2023 EEO-1 Component 1 Data Collection Instruction Booklet and FAQs above for details on all EEO-1 Component 1 Data Collection changes.

HEC member companies may reach out to HR consultants for questions.