EEO-1 Final 30-Day Comment Period

The Equal Employment Opportunity Commission (EEOC) intends to publish a notice in the Federal Regist...

EEO-1The Equal Employment Opportunity Commission (EEOC) intends to publish a notice in the Federal Register on March 23, 2020 about the collection of EEO-1 data for 2019, 2020, and 2021.

As previously reported, EEOC is not requesting permission to continue data collection of Component 2, compensation and hours worked information, which was required for 2017 and 2018. The collection period for Component 2 is closed.

Written comments and recommendations about Component 1 data collection may be submitted to the federal rulemaking portal for the 30-day period following publication of the notice in the Federal Register. Read the full notice including comments made about Component 2 during a public hearing held late last year, where Berkshire was a participant along with other practitioners and representatives.

After reviewing the comments submitted during the upcoming 30-day period, EEOC will seek approval from the Office of Management and Budget (OMB) to collect Component 1 data from employers who meet the requirements for the stated three-year period. Part of the request will be that a new OMB Control number be assigned to Component 1 to disassociate it from Component 2 data collection requirements.

The 30 day comment period will close during the week of April 20, which is after the current due date of March 31. Companies should anticipate EEOC will move quickly during the last two weeks of April to announce a revised due date and the opening of the reporting portal for the 2019 filing season.

Berkshire expects the format and associated data collected for Component 1 to remain the same because EEOC and other agencies (like OFCCP), use this information for comparisons from year to year. In the notice EEOC states a couple of ways that they use the EEO-1 data and employers should take note:

  • EEOC investigators use the EEO-1, together with other data sources, in their assessments of allegations of discrimination.
  • EEOC uses the data to analyze employment patterns within companies, industries, or regions.

OFCCP uses EEO-1 data, along with other criteria, to select federal contractors for compliance evaluations. Additionally, OFCCP’s scheduling letter requires three years’ EEO-1 reports for compliance evaluations.

Prepare now! Companies are encouraged to review all establishment information for correct address information, North American Industrial Classification System (NAICS) code and Federal Tax ID (FEIN) information. Companies that have experienced merger, acquisition, or spin-off activity should seek information on the EEO-1 website for proper notification to the EEOC of those activities. Use this link to access the EEO-1 site contact information.

Contact your Berkshire consultant with questions and subscribe to our blog for updated information!

Cindy Karrow, SPHR, SHRM-SCP, Managing Consultant
Cindy Karrow, SPHR, SHRM-SCP, Managing Consultant
As a Managing Consultant, Cindy Karrow, SPHR, SHRM-SCP specializes in developing AAPs, acting as liaison with the OFCCP, and delivering customized training.

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