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EEOC Suspends EEO-1 Reporting for 2020

Employers with at least 100 employees and federal contractors with at least 50 employees must annually submit an Employer Information Report, commonly known as the EEO-1, to the U.S. Equal Employment Opportunity Commission.  The EEO-1 requires company employment data to be categorized by race/ethnicity, gender, and job category.  Employers were expected to submit their 2019 EEO-1 reports by March 31, 2020.  However, that deadline has passed and the EEOC never opened its internet portal for doing so.

On May 7, 2020, the EEOC announced that, in light of the COVID-19 public health emergency, the agency is suspending the collection of EEO-1 data for 2020. “The EEOC recognizes the impact that the current public health emergency is having on workplaces across America and the challenges that both employers and employees alike are now facing” so “delaying the collections until 2021 will ensure that EEO filers are better positioned to provide accurate, valid and reliable data in a timely manner.”

The EEOC has submitted the EEO-1 Component 1 information collection to OMB for approval under the Paperwork Reduction Act.  Pending approval, the EEOC would expect to begin collecting both the 2019 EEO-1 data and the 2020 EEO-1 data in March 2021.  The EEOC will notify filers of the precise date the surveys will open as soon as it is available.  Note that, as of September 2019, the EEO-1 no longer includes a pay data component, and so employers will not be required to submit pay information with their 2019 and 2020 EEO-1 data.

Contact your Vorys lawyer if you have questions about the EEO-1 report.



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