Private employers with more than 100 employees and federal contractors/subcontractors with 50 or more employees are required to submit certain demographic data to the Equal Employment Opportunity Commission (EEOC) annually. Employers who meet the reporting threshold submit this data through an EEO-1 report, which collects certain information about employees by gender, race/ethnicity, and job groupings. Previously, the announced deadline for EEO-1 reports in 2019 and 2020 was July 19th, 2021. However, with the impact of the COVID-19 virus in the workplace, the EEOC had further extended submission deadlines to August 23rd, 2021.
Reporting Deadline Extended Through August
EEO-1 Reporting Background
Ordered under Title VII of the Civil Rights Act, the EEO-1 Report is an annual survey that requires certain employers to submit information about their workforces by race or ethnicity, gender, and job category by March 31 of every year. The EEOC uses the collected data to enforce Title VII’s prohibitions against employment discrimination based on race, color, religion, national origin, or sex. For instance, an EEO-1 report could be used to determine if women and minorities within companies or industries are being properly represented in the workforce.
Employers Subject To EEO-1 Reporting
In general, a private sector employee is subject to EEO-1 reporting if it:
- Has 100 or more employees;
- Has 15-99 employees and is part of a group of employers with 100 or more employees; or
- Is a federal contractor with 50 or more employees and a contract of $50,000 or more.
Keep in mind that if you fall under any of these categories, submitting an EEO-1 report is mandatory.
Employer Action Items
Employers that are subject to EEO-1 reporting requirements should begin submitting 2019 and 2020 EEO-1 data in the EEO-1 portal and ensure that they complete these submissions sooner than August 23, 2021. These employers should also review the EEOC’s home page and new website dedicated to EEO data collections for additional information or help.
We highly recommend getting your EEO-1 reports completed as soon as possible as we’re approaching the deadline and we’re submitting EEO-1 data through a new process this year. Getting reports done as soon as possible will save you a headache come August 23rd.
Examples Of EEO Questions
Job applicants will typically come across questions by the EEOC, as part of a voluntary survey. In this survey, the job applicant is given questions that companies, by law, are not allowed to ask during the hiring process.
To help familiarize employers and employees with the process we wanted to highlight some common examples of EEO questions. Some questions you may see on the EEO survey are:
- What is your race?
- What is your gender?
- Do you have any disabilities?
- Are you a U.S. citizen?
If you are applying for a job and do not get asked the EEO questions, the company may not meet the criteria for EEO reporting. Most of the time, large companies will ask applicants to fill out EEOC surveys. Also, job applicants are not required to answer EEO questions on job applications, however, they must decline to answer if they are not willing to take the survey.
Stay Updated And Never Miss A Deadline
The EOCC works hard to ensure that U.S. workplaces are free of discrimination, pay inequalities, and harassment. However, following all these reporting deadlines and their updates due to the pandemic can be challenging, especially as an employer trying to run a company. With Alltrust Insurance, we can keep you in the loop with any and all legal requirements and deadlines to ensure your EEO-1 reporting goes smoothly. For more information on how we can be of service to you, please contact us via our website today.
This legal update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice.
