2024 EEO-1 Reporting May Update

On April 15, 2025, EEOC submitted a request to the Office of Management and Budget (OMB) for “non-substantive” changes to the 2024 EEO-1 data collections. Those changes were approved by OMB on May 12^th. Given the approval, it appears the 2024 EEO-1 data collection will move forward, and we anticipate this will happen quickly. In information submitted to OMB, EEOC indicated a Tuesday, May 20, 2025 opening date of the Online Filing System (OFS), although EEOC has not yet made any changes or announcements on the EEO-1 landing page.

Importantly, the information submitted to OMB indicated a relatively short filing period, with the EEO-1 report portal closing on Tuesday, June 24, 2025. In years past, EEOC would announce an opening date and a deadline, after which the OFS would remain open for an additional period to allow late filers an opportunity to file before the OFS closed for the year. During this time, EEOC would send employers who had not yet filed a “Notice of Failure to File” reminding them of the requirement to file an EEO-1 report.

One of the changes that was approved was to remove the “Notice of Failure to File” language to streamline the collection process. Does this mean that the additional filing period will be eliminated or does this simply mean that the informational text has been removed from the Instruction Booklet? Here at Berkshire, we’re not interested in testing the waters on this one. We recommend filing by the deadline officially announced by the EEOC, which may be as soon as Tuesday, June 24, 2025, if the opening and closing dates are announced as proposed. Bottom line – we expect that employers may have only a short window to submit their required EEO-1 reports for the 2024 filing year.

One additional significant change is that employers must select from either male or female when reporting employees by sex. The previous option to submit employee information under a non-binary option has been eliminated.

With the revocation of EO 11246, one might have expected to see a change in who must file an EEO-1 report. All private employers of 100 or more employees must file. As outlined in the EO 11246 regulations, federal contractors with between 50 – 99 employees were also required to file. The instruction booklet submitted with the proposed revisions still includes the reference to EO 11246 and the requirement for smaller prime or first-tier federal contractors who are not otherwise exempt to file an EEO-1 report. Although EO 11246 has been revoked, the regulations technically are still on the books and the EEO-1 filing period covers a time period when the EO 11246 regulations remained in effect. Berkshire will continue to monitor guidance coming from EEOC and OFCCP on this topic, but until there is further clarification on this point, we recommend small employers prepare to file an EEO-1 report this year.

Aside from the above changes, there are no other significant changes to this year’s filing which should make it a little easier to file, especially helpful given the short turnaround time. If you have not yet started preparing your EEO-1 submission, delay no further. If you are already a Berkshire client with included EEO-1 filing support, expect to hear from your consultant soon. If you are not yet a client and would like to hear more about how we can support your organization with this or other similar government filings, get in touch with us today.