EEO-1 Component 1 ‘Failure to File’ Deadline Looms

EEO-1 Component 1 ‘Failure to File’ Deadline Looms

You may recall that employers had until December 5, 2023, to submit their EEO-1 Component 1 reports to the U.S. Equal Employment Opportunity Commission (EEOC). Although that deadline has passed, employers who missed it still have time to submit and certify their mandatory 2022 EEO-1 Component 1 report, but must do so as soon as possible — and no later than Tuesday, January 9, 2024.

After January 9, the “failure to file” deadline passes, which means no additional 2022 EEO-1 Component 1 reports will be accepted, and certain employers will be out of compliance with their filing obligations.

Pursuant to EEOC regulation 29 CFR 1602.9, an employer “failing or refusing” to file when required to do so may be compelled by a U.S. District Court order upon application by the EEOC.

If an employer has already submitted a request to the Filer Support Team and is awaiting a response, the EEOC advises that this support team is in the process of addressing those requests and asks that filers only contact the team once regarding the same issue.

Remember that the EEO-1 Component 1 report is a mandatory EEOC annual data collection for all private-sector employers with 100 or more employees, as well as federal contractors with 50 or more employees meeting certain criteria. These employers must submit workforce demographic data that includes information on the racial/ethnic and gender composition of their workforce by specific job categories.

To help with their filing, employers can use the new EEO-1 Component 1 Instruction Booklet, which consolidates existing supporting materials — like FAQs and fact sheets — and provides additional information to clarify eligibility and reporting requirements.

Be sure to file — and certify — your EEO-1 Component 1 report no later than January 9, 2024!

Katie Culliton, Editor, CalChamber

CalChamber members can read more about EEO Reporting Requirements in the HR Library. Not a member? See what CalChamber can do for you.

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