2021 EEOC-1 Component 1 Data: Are You Covered And What To Report?

The deadline for the annual data collection is fast approaching. Are you ready?

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2021 EEO-1 Component 1 data collection process is now open, and this year’s deadline is May 17.

The EEO-1 Component 1 Report reflects an annual data collection requirement imposed on certain private and federal employers, and seeks demographic workforce data, including race/ethnicity, sex, and job categories. Following the May 17 deadline, the EEOC will enter the “failure to file” phase until June 21, 2022.
 

There is also a new filer support system to streamline the process. The Filer Support Team Message Center allows filers to submit, update, track, and terminate requests for assistance; and provides a number of self-service capabilities.

Let’s unpack this message: 

Who Must File a Report?

Subject to certain exemptions, these requirements apply to the following:
 

• Private employers with 100 or more employees;
• Private employers with fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management, such that they legally constitute a single enterprise and the entire enterprise employs 100 or more employees; and
• Federal contractors with 50 or more employees.

If you received an EEO-1 Component 1 notification letter, but you do not believe you are required to report, you must access the EEO-1 Component 1 Online Filing System to complete the eligibility screener and confirm your status. 

What Information Do You Need to Collect?

If you are required to participate, you need to collect and submit a “workforce snapshot” for all full-time and part-time employees (including those who worked remotely), during the timeframe specified by the EEOC. The workforce snapshot includes information, such as employee demographics and job categories.

How Will You Collect the Required Data?

You are required to offer employees the opportunity to use self-identification to complete the report. If an employee declines to self-identify race and/or ethnicity, employment records or observer (visual) identification may be used to complete the report.

A Note for Third-party Human Resources Organizations:

In February 2022, the EEOC announced updated procedures for third-party human resources organizations. Among other things, third-party human resources organizations may not submit a report that includes itself and a client employer, or a report that includes multiple client employers. 

For more information as to the updated procedures, see the EEOC’s Fact Sheet for Third-Party Human Resource Organization Reporting Procedures (including PEOs).

This article first appeared here.

	Paula A. Barran, a Founding Partner at Barran Liebman LLP, has been practicing law since 1980 with concentrations in labor and employment law and the law of higher education. She handles litigation in labor and employment and higher education, in state and federal courts, as well as employment and labor arbitrations. Visit https://barran.com/ Connect Paula A. Barran
	Stacie L. Damazo is a Member of Barran Liebman’s Employment Advice and Litigation Practices. She defends employers in a variety of employment matters, while serving as proactive counsel to ensure compliance and identify legal issues before they arise. Visit https://barran.com/ Connect Stacie L. Damazo