EEO-1 Reporting Deadline Doubles – and Double Data Due!

Not a hot new tongue-twister, but the new EEO-1 reporting requirements for your EEO-1 filing. (But do try saying it 10 times fast…)

EEO paperwork and calculator drawingThis year, employers need to break their EEO-1 reporting in two – with Component 1 due on May 31, and Component 2 on September 30. The reason for this? A recent court ruling that reinstated the filing of Component 2 wage/hours worked data.

Additionally, employers need to submit 2 years of data in their Component 2 filing, meaning it’s going to be a big task.

More than 80,000 employers are required to file EEO-1s and surprise, surprise…. most aren’t prepared for this new reporting requirement.

And, keeping things confusing, the DOJ has filed an appeal of the ruling, putting employers back in limbo again! Will the Component 2 data be required? Will 2 years need to be submitted? Tune in next week to find out…

But in the meantime, serious lawyers recommend that employers start preparing for filing Component 2. The EEOC states, in relation to the suit, “The filing of this Notice of Appeal does not stay the district court orders or alter EEO-1 filers’ obligations to submit Component 2 data.”

Component 2 data collection is time-consuming, so employers shouldn’t delay getting started.


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Looking for some more help with EEO-1 reporting?

The on-demand webinar, EEO-1 Report Filing and Compliance, led by Littler attorney Meredith Shoop, can walk you through your EEO-1 reporting requirements, and ensure you’re in accurate compliance by the deadline.
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EEO-1 Basics:

What is the EEO-1 report?:

The EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category.


  • May 31, 2019: Component 1 (demographics) data through the EEOC website;
  • September 30, 2019: Component 2 (wage/hours worked) data through the EEOC website.

Who Must File:

The EEO-1 annual survey must be filed with EEOC by :

All companies that meet the following criteria are required to file the EEO-1 report annually:

  1. Subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees; or
  2. Subject to Title VII of the Civil Rights Act of 1964, as amended, with fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; or
  3. Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended, with 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.

Do I need to file if my company has fewer than 50 employees but does have a federal government contract worth $50,000 or more?

No, your company must meet both requirements of 50 employees and the government contract worth $50,000 or more.


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