The U.S. Equal Employment Opportunity Commission (EEOC) announced on Feb. 26 that the 2023 EEO-1 filing platform will open on April 30, with a filings deadline of June 4. The reports can be a significant benchmark for corporate inclusion, equity and diversity efforts. But a recent lawsuit from an investigative journalist is making the reports open to disclosure beyond the companies assembling the data and the government, and making them potentially available to the public and competitors. We’ve gathered articles on the news from SHRM Online and other outlets.
2022 EEO-1 Filing Cycle Recently Closed
The announcement follows the recent completion of the 2022 EEO-1 filing cycle. That cycle opened on Oct. 31, 2023, with a deadline of Dec. 5, 2023, and a failure to file absolute deadline of Jan. 9.
DOL Appeals Release of EEO-1 Reports
On Feb. 15, the U.S. Department of Labor (DOL) filed an appeal of a December 2023 court decision ordering the Office of Federal Contract Compliance Programs (OFCCP) to release the consolidated EEO-1 reports of federal contractors that previously objected to their release. The OFCCP had intended to review and evaluate each objection to release and issue any EEO-1 reports subject to disclosure on a rolling basis. A reporter with the Center for Investigative Reporting submitted a Freedom of Information Act request in January 2019 seeking the release of the reports.
Filing Requirements for EEO-1 Form
The EEO-1 form is a report filed with the EEOC. The law requires that employers report on the racial/ethnic and gender composition of their workforce by specific job categories. All employers that have at least 100 employees are required to file EEO-1 forms annually with the EEOC. Federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must file EEO-1 reports as well.
(SHRM Q&A)
No Compensation Data Required in 2024
There’s no expectation that the EEOC will collect compensation data during 2024. Compensation data was collected for 2017 and 2018. Employers were required to provide pay data and hours worked for each employee within an organization subject to EEO-1 reporting.
California Updates Pay Data Reporting
California’s pay data reporting portal opened on Feb. 1, and employers are required to report on three new data points. Since 2020, California has mandated that employers with at least 100 employees submit a pay data report to the state Civil Rights Department as part of its efforts to advance fair pay.
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