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Earlier this summer, the Equal Employment Opportunities Commission finalized what exactly is required of businesses when filing the EEO-1 report. These requirements come on the heels of a lengthy courtroom battle between the EEOC and worker advocates. How has the EEO-1 changed and who needs to file what and when?

Differences on the new report

In previous years, the EEOC has only required organizations to compile and submit Component 1 data. The information in these lists includes employee job categories, race, ethnicity and sex. Again, this information has not changed and should have been submitted to the EEOC by May 31st of this year. 

However, the lawsuits against the EEOC have determined that Component 2 data must now accompany the information your organization has already submitted. Component 2 data includes the number of hours each employee has worked as well as the pay information found on their W-2’s. Remember, you have to include Component 2 data from 2017 and 2018 when submitting your information. 

You can learn more about the new filing guidelines, read full instructions and download sample forms of the EEOC website. 

When to file the new EEO-1 report

As per the guidelines set out by the commission, the next EEO-1 report is due September 30th, 2019. However, the data required in previous years was still due on May 31st. If your organization is required to file this report, all Component 2 data for 2017 and 2018 must be submitted by the end of September. 

An appeal has been filed that could potentially push back or overturn the latest EEO-1 ruling, however we advise filing the report by the due date to avoid any penalties. To recap:

• Component 1 data for 2018 was due May 31, 2019
• Component 2 date for 2017 and 2018 is due September 30, 2019

Who needs to file a new EEO-1 report?

If you have already submitted previous EEO-1 reports, you should continue to do so and adhere to the due dates. If you haven’t filed one before and are unsure if your organization needs to, consult the following guidelines:

Businesses with Over 100 employees

If your company employees 100 or more people, you are required to submit an EEO-1 report. However, this excludes public elementary and secondary schools, colleges and universities, tribes as well as any private membership organizations.

Certain federal contractors with over 50 employees

Not all federal contractors need to submit this report, however those contractors with 50 or more employees who fall under one of the following categories are expected to.

• You are a prime or first-tier subcontractor whose contract is worth $50,000 or more.
• You are a depository for government funds of any amount.
• Your company is an issuing and paying agent for savings bonds and notes.

If your business or organization employs fewer than 100 people and you do not hold any federal contracts, you do not need to submit any EEO-1 reports.

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