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What Is the EEO-1 Report, and Which Employers Need to File it?

The EEO report is designed to make sure that everyone is treated fairly at work. It helps to check if companies are treating their employees equally, no matter where they come from or what they look like. This report also helps to find out if there are any problems with discrimination or unfair treatment, so that things can be made better for everyone.

What is an EEO-1 report?

The EEO-1 report is a form that certain companies must fill out. It asks questions about the people who work at the company, like how many men and women there are, and also asks about their race and ethnicity. This helps the government keep track of how different groups of people are being treated in the workplace. The report doesn't have people's names, just numbers and categories, so it's private and doesn't share personal information.

Qualifying employers file the report with the Equal Employment Opportunity Commission (EEOC). The Title VII of the Civil Rights Act of 1967 law says that certain companies have to tell the government about the different races and genders of their employees. If a company has 15 or more workers and wants to be seen as treating everyone fairly, they have to follow the rules of Title VII. But, even if they follow those rules, they might not always have to do the EEO-1 report.

Who needs to file an EEO report?

According to the U.S. Equal Employment Opportunity Commission, you must file an EEO-1 report if you are a private employer who is subject to Title VII and have:

  • 100 or more employees (excluding state and local governments, public primary and secondary school systems, institutions of higher education, American Indian or Alaska Native tribes, and tax-exempt private membership clubs other than labor organizations) OR
  • Fewer than 100 employees but is owned, affiliated with, or controlled by a company with more than 100 employees overall

According to the Department of Labor, all federal contractors must also fill out an equal employment opportunity compliance report if they have:

  • 50 or more employees AND
  • Are prime contractors or first-tier subcontractors, and have a federal government contract, subcontract, or purchase order amounting to $50,000 or more OR
  • Serve as a depository of government funds in any amount or is a financial institution that is an issuing and paying agent for U.S. Savings Bonds and Notes

Employers only need to fill out Standard Form 100 if the business or organization is located in the 50 states or the District of Columbia (D.C.).

Who is excluded?

Federal contractors with 1 – 49 employees and other private employers with 1 – 99 employees are not required to file EEO-1 data. Additionally, if you have 50 or more employees but you are exempt under regulation 41 CFR 60-1.5, you don’t have to file an EEO-1 report.

What does an EEO-1 form include?

The EEO-1 form includes the total number of employees in the company, the total number of employees by job category, and the total number of employees by race/ethnicity and gender within each job category.

The form categorizes job positions into different groups, such as:

  • Executives/Senior Officials and Managers
  • Professionals
  • Technicians
  • Sales Workers
  • Administrative Support Workers
  • Craft Workers
  • Operatives
  • Laborers and Helpers
  • Service Workers

For each job category, the form will ask for the number of employees based on the following racial and ethnic categories:

  • Hispanic or Latino
  • White
  • Black or African American
  • Asian
  • Native Hawaiian or Other Pacific Islander
  • American Indian or Alaska Native
  • Two or More Races

And for each of the racial and ethnic categories, it will also ask for the number of male and female employees.

On your form, organize employee data by listing all employees by location (if applicable), job category, race/ethnicity, and gender. Also, indicate whether your business is a single- or multi-establishment employer.

Additional data reports for multi-establishment employers

According to the EEOC If an establishment is affiliated through common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more, the common ownership headquarters must file the EEO-1 Component 1 Report. The headquarters or parent company must file for all its subsidiaries and establishments/locations.

On November 10, 2022, the EEOC proposed revisions to streamline the above process for large employers with multiple establishments.

Under the proposed revisions, the EEOC would eliminate the requirement that multi-establishment employers file a separate “type” of report based on the number of employees. Instead of filing Type 4 and Type 8 reports, employers would submit an “Establishment-Level Report.”

How do you file an EEO-1 report?

After you fill out and review your EEO-1 report, it’s time to submit it to the EEOC. You must file your form online through the EEO-1 Online Filing System. When filling out your EEO-1 report online, do not forget to click the “certify report” button. If you do not click this button, the EEOC Employer Data Team will not receive your EEO-1 report.

The preferred and most efficient method of submitting EEO-1 Component 1 Reports is through the EEO-1 Component 1 Online Filing System or as an electronically transmitted data file (TEXT or CSV) via a data file upload. The filer support page on the website also include data file upload instruction similar to those provided in previous years.

The EEOC offers this helpful FAQ: https://eeocdata.org/pdfs/EEO-1 Component 1 FAQ.pdf

What is the deadline for EEO-1 reporting?

The deadline for EEO-1 reporting can vary from year to year and is typically set by the U.S. Equal Employment Opportunity Commission (EEOC). EEO-1 report deadlines have varied in recent years. For 2023, the EEO-1 reporting deadline is later than usual because the EEOC is completing a mandatory, three-year renewal of the EEO-1 Component 1 data collection. As a result, the tentative opening of the 2022 EEO-1 Component 1 data collection is the fall of 2023. The EEOC will post more updates, including final opening dates, on its website.

Steps for filing an EEO-1 report

  1. Determine Eligibility: Confirm if your company is subject to EEO-1 reporting requirements.
  2. Gather Employee Data: Collect information about your workforce, including the number of employees in each job category and their race/ethnicity and gender.
  3. Access the EEO-1 Online Filing System: Visit the official EEO-1 Online Filing System, which is typically available on the U.S. Equal Employment Opportunity Commission (EEOC) website.
  4. Login or Register: Log in using your company's credentials if you have previously filed, or register as a new user if it's your first time.
  5. Select Reporting Year: Choose the reporting year for which you're filing the EEO-1 report.
  6. Choose Reporting Method: Select the appropriate reporting method based on your company's structure. Companies can file a "Single Report" if they have one physical location or "Multiple Reports" if they have multiple locations.
  7. Enter Workforce Data: Input the data you gathered in Step 2, including the number of employees in each job category, broken down by race/ethnicity and gender.
  8. Review and Confirm Data: Double-check the entered data for accuracy and completeness. Make any necessary corrections.
  9. Certify and Submit: Certify that the information provided is accurate and submit the EEO-1 report. This is often done electronically on the EEO-1 Online Filing System.
  10. Retain Records: Keep a copy of the filed EEO-1 report and related records for your company's records. It's a good practice to maintain these records for a certain period of time.

To ensure you stay compliant, keep up with reporting requirements and deadlines. Failing to stay up-to-date with EEO-1 rules and filing an incomplete or inaccurate report can result in fines and other consequences for your business.

Contact the EEOC with any questions about the EEO-1 reporting process.

How Eddy helps

Eddy helps you keep track of the EEO report required data, and allows you to generate the report for a set of workers employed on a specific date. You can download this info into a .csv file that can be used to complete the requirements outlined in the EEO-1 Online Filing System, which is available on the U.S. Equal Employment Opportunity Commission (EEOC) website.