On March 29, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it’ll start collecting 2019 and 2020 EEO-1 Component 1 data on Monday, April 26, 2021. Many employers have been patiently waiting to see when the data collection would open again, after the 2019 EEO-1 Component 1 data collection opening was delayed last year due to the COVID-19 public health emergency. Plus, California large employers should not forget about a big deadline coming up this week!
The deadline to submit both 2019 and 2020 EEO-1 Component 1 data will be Monday, July 19, 2021, giving employers an additional two weeks — 12 weeks total instead of the usual 10 weeks — to file.
All employers with 100 or more employees (and federal government contractors with 50 or more employees) are obligated to report their EEO-1 Component 1 data, which includes information on the racial/ethnic and gender composition of an employer’s workforce by specific job categories. The EEOC will begin to formally notify EEO-1 filers via email beginning on March 29, 2021. Filers can also visit the EEOC Data Homepage for more information regarding updates on the data collection.
Don’t Forget About California’s Pay Data Reporting Deadline — March 31, 2021
In addition to federal EEOC reporting, California employers of 100 or more employees must also report pay and hours-worked data by establishment, job, category, sex, race and ethnicity to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021 (and annually thereafter).
As previously reported, the DFEH released a User Guide, addressing all the specifics of reporting, including the basic structure of the pay data report, how to access and use the submission portal, and how to build and submit the report using an Excel or CSV file.
Additionally, recognizing that some employers may have trouble meeting the deadline due to the COVID-19 pandemic and this being the first year of reporting, the DFEH is accepting enforcement deferral requests for the March 31, 2021, deadline. Employers who are having trouble meeting the deadline can ask the DFEH to defer enforcement by going to the California Pay Data Reporting website and selecting the “Enforcement Deferral Request” option. The deferral request must be submitted by March 31, 2021, and according to the DFEH, will give employers an extra month, until April 30, 2021, to submit their reports.
Employers can also access Frequently Asked Questions on the California Pay Data Reporting website for information on which employers are required to report and how to address out-of-state employees, among other topics.
Bianca Saad, Employment Law Counsel/Subject Matter Expert, CalChamber
CalChamber members can read more about EEO Reporting Requirements, including pay data reporting in California, in the HR Library. Not a member? See how CalChamber can help you.
