EEO-1 Reporting Updates

5/20 Update:

Don’t Delay – New Users to the EEO-1 Online Filing System Should Set Up Their New User Account Now

We’re just over the halfway point of the EEO-1 filing window. If you are responsible for filing or preparing the data for your company EEO-1 filing, hopefully you have already started the process. What if it’s your first year with this responsibility and you still need to set up your individual user account? Now is the time to get your login credentials to ensure this does not become a roadblock to filing on time.

To create a new individual user account, click on the Create an Account link at https://www.eeocdata.org/eeo1/signin. Enter your email address and then look for an email from Notification@eeocdata.org  in your inbox. Follow the instructions in this email to finish setting up your account. This is generally an easy process, however, you next need to link your new account to your employer profile. This next step may not be so easy.

EEOC sends an annual filing notice via U.S. postal mail to the listed primary employer contact with the Company ID and Employer PIN in advance of the filing opening. If there are additional employer contacts, they will have received two emails the week of April 29^th with this information. You will need the Company ID and Employer PIN to link your individual user account to your company’s employer profile. If the previous contact for the organization is still employed by the company, ask this person to share the Company ID and Employer PIN with you.

If the previous contact is no longer employed with the company, and you are unable to obtain your Company ID and Employer PIN, you will need to complete the Change of Contact form to obtain this information. A letter in PDF format on company letterhead from a company representative must be submitted. EEOC provides examples of the company CEO, President, General Counsel, CFO, Controller, or Vice President of Human Resources as acceptable company representatives who can provide the letter. In the letter, the representative must provide:

• First Name, Last Name, Title, Phone Number, and Email Address of the person requesting the change of contact
• Employer Name and EIN
• OFS Company ID (if known)
• First Name, Last Name, Title, Phone Number, and Email Address of the new company contact

The letter must be submitted through the online Message Center, will require review by the EEO-1 Component 1 Filer Support Team, and may take up to 7 days for approval. In our experience, the approval process can sometimes take longer due to the number of customer support requests received throughout the filing period. Users submitting requests for help through the online Message Center should check back regularly for a response to their inquiry.

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2/27/2023 Update:

This just in: The EEOC has announced the opening of the 2023 EEO-1 filing season. The data collection site will open on Tuesday, April 30, 2024. The deadline to file will be Tuesday, June 4, 2024. The Filer Support Message Center, in place to help filers who have questions, is currently not open but will return on April 30th.

Additional information will be available in the 2023 EEO-1 Instruction Booklet and Upload Specifications documentation by March 19th. Berkshire will provide updates as soon as possible after review of these materials when they are available. For official updates from EEOC, check the EEO-1 filing site. www.eeocdata.org/eeo1 

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10/2/2023 Update:

EEO-1 Unique Entity ID – What Is It and Where To Find It?

The 2022 EEO-1 filing requires a Unique Entity ID (UEI) for federal contractors instead of the previously used Dun and Bradstreet (DUNS) number. Many federal contractors are wondering what this new number is and where to find it. We have the answer to these questions and more.

SAM.gov, among other things, is the official contracting site for the U.S. government. Companies doing business with the federal government must have a SAM.gov registration. The federal government used to use the DUNS number as the unique identifier in SAM.gov. Federal contractors provided the DUNS number when registering their entity. The federal government stopped using the DUNS Number on April 4, 2022. Instead, federal contractors were issued a UEI to uniquely identify them. The 12-character alphanumeric ID is issued upon registration in SAM.gov.

Entities that were already registered in SAM.gov prior to April 2022 were issued a UEI too; the UEI can be found by logging into the entity’s SAM.gov account. More details about viewing the UEI within SAM.gov can be found here: https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0041254&sys_kb_id=c4c19c491bcdfd142fe5ed7ae54bcb1b&spa=1

Some subcontractors must also register in SAM.gov. However, if you are a subcontractor and not required to register in SAM.gov, you can still obtain a UEI. To find more information about obtaining a UEI without registering in SAM.gov, review the details here: https://www.dol.gov/sites/dolgov/files/ETA/grants/pdfs/Quick%20Start%20Guide%20for%20Getting%20a%20Unique%20Entity%20ID.pdf

For several years, EEO-1 filers would answer a question about their federal contractor status one time which would then be attributed to every establishment included under the same company number. This year, filers will provide the federal contractor status for each establishment filed. Establishments that are marked as federal contractors must then also include the unique entity ID. If an establishment is not marked as a federal contractor, the unique entity ID is not required.

The experts here at Berkshire will continue to monitor the EEO-1 site for more updates. Stay up to date on all the latest EEO-1 filing news by following this blog.

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9/6/2023 Update:

The 2022 EEO-1 filing season is almost upon us. Amid ongoing uncertainty, EEOC posted a notice last week that the filing site will open on October 31, 2023, with the deadline being Tuesday, December 5, 2023.

The 2022 filing was originally scheduled to open April 2023 which was then pushed to mid-July 2023 and then later to Fall 2023. The EEOC explained in their announcement that the delay to Fall 2023 was prompted by the need for the Office of Management and Budget (OMB) to approve the data collection requirements as required by the Paper Reduction Act as the previous 3-year approval had expired. Notably, the new approval from OMB has only been granted for one-year rather than the usual three years.  

In addition to the announcement of the opening date, EEOC has posted a new Instruction Booklet on the EEO-1 Home site. The new instruction booklet notes that it has been redesigned to consolidate filer-support materials including frequently asked questions and fact sheets which were previously separate. Filers seeking information about registration, where to report remote workers or employees at confidential worksites, reporting an acquisition, spinoff, or merger, or any other questions about the EEO-1 filing should refer to the instruction booklet.

Other Notable Changes

Previous filings required multi-establishment employers to designate a “type” of report indicating whether there were more or less than 50 employees at the establishment. With the new filing, a headquarters report must still be identified, but the other “types” of reports have been replaced with “establishment-level reports” which are any establishment that is not the headquarters. Previous filings also required filers to submit a consolidated report which was a totaling of each category across the headquarters and individual establishments. The online filing system will now auto-populate the consolidated report based on the data submitted for the headquarters and each establishment.

Federal contractors must provide their associated Unique Entity ID (UEI). Previously, federal contractors provided their DUNS Number which identified entities doing business with the federal government. The federal government stopped using the DUNS Number for this purpose in April 2022, and thus it is no longer used on the EEO-1 report.

All filers must also provide a NAICS (North America Industry Classification System) code for each establishment. NAICS codes are updated every five years. The 2022 EEO-1 filing is the first in which the 2022 NAICS codes must be used. The 2022 NAICS codes can be found at https://www.census.gov/naics/.

Employers must still select a payroll period between October 1, 2022 and December 31, 2022 and report all full-time and part-time employees who were employed during that time. Employers may select a different payroll period than was selected in prior years. Helpfully, the instruction booklet provides insight for small employers for the 2023 filing which is expected to take place sometime in 2024, stating that “an employer that meets the employee threshold … at any time during the fourth quarter … of the reporting year, may not select a workforce snapshot period where it falls below the threshold in an effort to avoid the filing requirement.”

Filers who prepare their own files for upload into the online filing system can expect to find a new Data File Upload Specifications document on September 13, 2023. And all returning filers should expect to have to reset their passwords for the new filing year. This requirement appears to already be in place for those looking to log in to retrieve older reports.

Keep an eye on this blog for further updates. Berkshire will continue to watch for and post new information about the latest EEO-1 filing as it becomes available.