Update on EEO-1 Due Date
Last week the EEOC moved the due date for the 2019 and 2020 EEO-1 filing AGAIN! The NEW AND FINAL deadline is October 25, 2021. The announcement emphatically states that this is the FINAL DEADLINE by which all filers must submit data. The full announcement can be found on the EEO-1 website at: https://eeocdata.org
The statement also reminds filers that if they have contacted the help desk that they should be patient as the Filer Support team works through issues. (Some of these issues are taking a very long time to resolve.)
One of the most difficult issues experienced by a few filers is the inability to establish the current contact person. Some have had a change in contact person and some who were the contact person in 2018 have been told by the help desk “you are not the contact person.” Some who have gone through the process of changing the contact person are still waiting. As a result, the company cannot set up a password to begin filing.
Merger, acquisition, and spinoff activity continues to be another problem area for filers as previous unit numbers, prior to merger or spinoff, are not accepted under the new parent company. Refer to the new protocol here: https://eeocdata.org/pdfs/UPDATED%20PROTOCOL%20FOR%20COMPANIES%20WITH%20AN%20ACQUISITION.pdf
Follow along as we continue to monitor the 2019 and 2021 EEO-1 filing process.
This week the EEOC sent reminder emails to all filer Contact Persons regardless of filing status. The text of the email is below.
If your company has been filed and certified, you may ignore the email. If you are unsure of your status, you may login to the site and check for certification or contact your Berkshire consultant.
From: EEOC Notifications <firstname.lastname@example.org>
To: Client Contact Person
Subject: Reminder to File 2019/2020 EEO-1 Component 1 Reports – Deadline Approaching
***Please do not respond directly to this email. This email account is not monitored. ***
REMINDER TO FILE 2019 AND 2020 EEO-1 COMPONENT 1 REPORTS
The deadline to file your company’s 2019 and 2020 EEO-1 Component 1 Reports is Monday, August 23, 2021. Our records indicate that your company has not yet submitted and certified both the 2019 and 2020 mandatory EEO-1 Component 1 Reports. We encourage eligible employers to file the required 2019 and 2020 EEO-1 Component 1 Reports as soon as possible.
Please disregard this email if your company has already submitted and certified its 2019 and 2020 EEO-1 Component 1 Reports, or if your company has already requested assistance from the Filer Support Center’s Help Desk.
There are two options for submitting 2019 and 2020 EEO-1 Component 1 Reports:
(1) ONLINE FORM: Filers may enter their data into a secure data entry form via the EEO-1 Component 1 Online Filing System at https://urldefense.com/v3/__https://EEOCdata.org/eeo1/signin__;!!KurpWIy7ow!SDyOfP1NmShgM0HD_caQRwajlC7u03oI6jGV77UqCvsJwZueSfL_wmXCDEX6RPcRM7o$ .
(2) DATA FILE UPLOAD: Filers may upload data files through the EEO-1 Component 1 Online Filing System. The format of the uploaded data file(s) must follow the file layout(s) set forth in the EEOC-approved specifications at https://urldefense.com/v3/__https://EEOCdata.org/eeo1/howto__;!!KurpWIy7ow!SDyOfP1NmShgM0HD_caQRwajlC7u03oI6jGV77UqCvsJwZueSfL_wmXCDEX6W_rRs9Q$ .
The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit demographic workforce data, including data by race/ethnicity, sex and job categories. The filing by eligible employers of the EEO-1 Component 1 Report is required under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-8(c), and 29 CFR 1602.7-.14 and 41 CFR 60-1.7(a). Employers can find additional eligibility information at https://urldefense.com/v3/__https://EEOCdata.org/eeo1__;!!KurpWIy7ow!SDyOfP1NmShgM0HD_caQRwajlC7u03oI6jGV77UqCvsJwZueSfL_wmXCDEX68IyDpKY$ .
Important Filing Information
- For the 2019 EEO-1 Component 1 Report, the data submitted must be from one (1) workforce snapshot pay period during the fourth quarter (October, November or December) of calendar year 2019.
- For the 2020 EEO-1 Component 1 Report, the data submitted must be from one (1) workforce snapshot pay period during the fourth quarter (October, November or December) of calendar year 2020. NOTE: the selected workforce snapshot pay period does not need to be the same snapshot selected for each year.
- EEO-1 Component 1 data collection updates are communicated regularly via email. Filers should add FilerSupport@EEOCdata.org , Notification@EEOCdata.org and EEOCdata-noreply@EEOCdata.org to their company’s safe senders list to ensure receipt.
If your company believes it has submitted both the 2019 and 2020 EEO-1 Component 1 Reports, please log into the EEO-1 Component 1 Online Filing System to ensure your company certified its reports. If your company believes it is not required to file either the 2019 or 2020 EEO-1 Component 1 Report, please contact the Filer Support Team at https://urldefense.com/v3/__https://FilerSupport@EEOCdata.org__;!!KurpWIy7ow!SDyOfP1NmShgM0HD_caQRwajlC7u03oI6jGV77UqCvsJwZueSfL_wmXCDEX69H8oFIU$ .
For more information on how to file your company’s 2019 and 2020 EEO-1 Component 1 Reports, please visit https://urldefense.com/v3/__https://EEOCdata.org/eeo1__;!!KurpWIy7ow!SDyOfP1NmShgM0HD_caQRwajlC7u03oI6jGV77UqCvsJwZueSfL_wmXCDEX68IyDpKY$ to find helpful resources, including an instruction booklet, FAQs and user guides. For additional assistance, please visit the Filer Support Center at https://urldefense.com/v3/__https://EEOCdata.org/eeo1/support__;!!KurpWIy7ow!SDyOfP1NmShgM0HD_caQRwajlC7u03oI6jGV77UqCvsJwZueSfL_wmXCDEX6hhl4dP0$ or contact the Filer Support Team at FilerSupport@EEOCdata.org or toll free at 1-855-EEOC-035 (1-855-336-2035).
U.S. Equal Employment Opportunity Commission (EEOC)
Mergers, Acquisitions and Spinoff Update
EEOC has begun sending emails out to filers who have notified the agency about acquisition(s), spinoff(s), and/or merger(s) (ASM). This is welcome news for many filers who have been waiting months for EEOC to move establishment records from one company to another in the database and requiring filers to hold on filing 2019 and/or 2020 EEO-1s. The filing deadline remains August 23, 2021.
The agency has modified the protocol for dealing with ASM and has modified the online filing system to allow filers to proceed with filing. The guidance below is taken directly from an email one of our clients received:
The following is a summary of how to proceed depending on the type of change that applies to your company.
- Acquisition: One company acquires or takes ownership of another company for which the acquiring company is now required to include in their filing.
-The acquiring company should proceed with filing and add the new company as a new establishment.
-Check the appropriate box to indicate that the new establishment is due to an acquisition.
-Include the prior EIN, Company ID, and/or Unit Number if available.
-Add a brief summary in the comments box prior to certification.
- Merger: Two or more companies merge to create a new company that is required to file as a new company.
-The newly formed company registers to file as a new company.
-On the registration, check the appropriate box to indicate the new company is due to a merger.
-Include the prior EIN, Company ID, and/or Unit Number if available.
-Add a brief summary of the merger in the comments box prior to certification.
- Spinoff: One or more establishments of another company divest forming a new company that is required to file on their own.
-The newly formed company registers to file as a new company.
-On the registration, check the appropriate box to indicate the new company is due to a spinoff from another company.
-Specify the new headquarter location.
-Include the prior EIN and/or Unit Number if available.
-Add a brief summary of the spinoff in the comments box prior to certification.
- For companies that delete establishments due to an ASM:-Select the appropriate option (i.e. acquisition or merger, or spinoff) if asked to indicate the primary reason for deleting establishments. The system will allow filers to proceed.
Thank you for patience as we work to respond to the high volume of ASMs for the 2019 and 2020 EEO-1 Component 1 Data Collection.
Please be advised that we are closing the tickets associated with your previously submitted Filer Support emails and/or phone requests to the Filer Support Team. If you have any further questions about the EEO-1 Component 1 data collection, please visit EEOCdata.org/eeo1 or contact the EEO-1 Component 1 Filer Support Team at FilerSupport@EEOCdata.org.
If Berkshire is working with you to develop EEO-1s for 2019 and/or 2020 and you have been waiting on an ASM response from EEOC, please contact your consultant to begin moving forward.
We recently reported that there was a "Download All" option on the EEO-1 website for filers to download multiple establishment reports for 2019 and 2020 EEO-1 reports in a single pdf file. The option is available when they were ready for preview uncertified reports and after certification.
We have since discovered that not all companies have this button. It appears that filers with under 100 reports may be able to download all in a single pdf file, however, the download all button does not appear for filers with larger numbers of reports. Stay tuned for updates when this option changes.
The 2019 and 2020 EEO-1 process just got a little easier!
The EEO-1 site development team came through with a much-needed enhancement to their website. An option to download all certified EEO-1 reports for 2019 and 2020 is now available. Previously filers had to download reports one-at-a-time causing a burden on large employers who had tens or hundreds of reports.
The Download All option is available on two screens: 1) after filers have made updates to establishments and can review EEO-1 Component 1 reports and 2) on the Certification screen.
Choose the "report" button and the next screen shows the option to Download All reports.
After certifying EEO-1 reports, filers are highly encouraged to download all EEO-1 reports and save them to a secure location. Copies of EEO-1 reports for the past three years are a standard request in OFCCP compliance reviews. Although the reports can be downloaded from the EEO-1 site as needed, contractors have found that there are times when the site is unavailable, or the contact person has changed, therefore the login email is not valid. To avoid any mishaps in obtaining copies of EEO-1s, download them as soon as possible after certification.
Companies who want copies of previously filed EEO-1 reports from 2015 – 2018 will still have to download those reports one-at-a-time. We can hope that future updates to the website will also allow a batch download of historical EEO-1s.
Help Obtaining EEO-1 Company Number and Passcode!
The EEO-1 website has added a new button! Filers who did not receive the letter sent via U.S. Mail to company contacts now have the option of requesting this information via the website -without calling the Filer Support team. This is welcome relief to filers who did not have the Company ID and Passcode that are required to set up their company and begin filing the 2019 and 2020 EEO-1s. Filers should visit this page on the EEO-1 website to make the request.
The requester’s email address MUST be listed as the company contact person. For filers who need to change the company contact there is a button for that as well. Visit this EEO-1 Support Center page to access the button and update or change the company contact person.
Stay tuned for more updates as they happen.
EEO-1 Due Date has Changed!
The EEOC data site announced a revised due date for EEO-1s today. The new deadline is pushed out to August 23, 2021 for the 2019 and 2020 filing cycle. Read the announcement here.
The announcement asks for patience as the Help Desk works through requests from the filer community. Continued inquiries regarding the same issue are increasing the number of requests and causing further delays.
For many filers the revised deadline comes as a welcome relief as they wait for the filer support team to process mergers, acquisitions and spinoffs.
On a positive note, upload files are processing much more quickly and many filers who were waiting for Company Number and Passcode information received the information last week.
Filers are encouraged to continue to file EEO-1s as soon as possible especially if there are no issues such as mergers, acquisitions, or spinoffs, that require a delay. Berkshire clients should continue to work with their consultants to complete the filings as early as possible.
What is going on with EEO-1s? The latest….
As the filing deadline for the 2019 and 2020 EEO-1 reports nears, many companies are finding that the new EEO-1 filing system has some unexpected filing issues. Companies are also expressing frustration at the slow response or lack of response from EEOC’s Filer Support Center. While EEOC is working to investigate and address identified concerns, all employers should begin the filing process as soon as possible. Based on prior experience, the volume of filers using the system only increases as the deadline nears.
Consultants at Berkshire have been reaching out to the EEO-1 Filer Support Center and pursuing issues such as:
- Company did not receive the letter sent in April via U.S. Mail containing the Company Number and Passcode which are required to register the company on the new website. This issue may have been caused by Company Contacts who are working remotely, therefore, not receiving company mail at home. Berkshire clients should alert your Berkshire consultant immediately if you did not receive this letter and cannot register with the EEO-1 site.
- Electronic upload files that remain “Under Review” on the EEO-1 site for more than the promised 1-2 days. This issue is improving.
- Multi-establishment filers who file Type 6 reports for establishments with less than 50 employees are experiencing multiple issues. Manual data entry requires a Reconciliation Report to show the Type 6 employees in a consolidated grid which looks like a typical EEO-1 report. For some employers, the reconciliation numbers are not combined with Company Consolidated report to show a true total headcount for the employer.
- Some multi-establishment employers have found that after certification, their Type 2 Company Consolidated report is not listed among the reports to be downloaded. So far, we have only seen this on the 2019 reports list. The EEO-1 Filer Support Center is aware of this.
- Reports for years 2015 – 2020 may be downloaded from the site, however, the only option is to download one report at a time. This is a change from years past when employers could download all reports into a single .pdf file. For many employers this is a great burden. The EEO-1 Filer Support Center is aware however, the download option may not change for this filing period.
- The website lists reports from 2015 – 2018 however, some of the establishment EEO-1s filed during those years are blank. The Company Consolidated reports appear to be populated even if some of the establishments are blank. The EEO-1 Filer Support Center is aware of this issue and is investigating. This is a reminder to download all EEO-1 reports as soon as possible after certification so they are available without having to rely on the EEO-1 system.
- Employers who experienced mergers, acquisitions and spinoffs have seen mixed results. Those who notified the EEOC before the new system was live and were told the changes had occurred to their list of establishments have found this to be true. Others found no change and the establishments had not been moved. Those who have followed the process on the new website to report this same activity have either received no response or have received a response telling them to hold on filing – they will have ample time to file before the deadline.
Speaking of the deadline – it remains as Monday July 19, 2021. We will alert you through this blog if there are any changes to the filing deadline or if there is a grace period after the deadline that will allow filers who are experiencing problems with the process or the website to file after July 19th.
Consultants and others at Berkshire are working with the EEOC and the EEO-1 Filer Support Center on behalf of our clients to find a quick resolution to these and other issues as they surface. Please remain in contact with your consultant for updates. If you are filing your reports on your own, we recommend that you do so as early as possible to avoid the last-minute rush of filings.
For those who want more information or wish to contact the EEO-1 Filer Support Center directly there are several methods:
- Check the EEO-1 website for updates and information
- Call the Filer Support phone number as early in the morning as possible – 9:00 AM Eastern time. You will have the best chance of getting a live person to help. As the day wears on, Filer Support gets busier: Filer Support: 855-336-2035
- Email the Filer Support Center at: FilerSupport@EEOCdata.org
EEO-1 Website is Up & Running – What We Know So Far
The long awaited EEO-1 site is finally here. It debuted on April 26, 2021 as promised. See previous blogs about activity before the site opened. Since the EEO-1 website opened we have learned a few things to share with you here. This is a long blog, so buckle up and let’s ride.
First, the Instruction Booklet is now available. It disappeared for a while during the construction of the new website and has reappeared with some updates. It can be found in the EEO-1 section of the website in the section called How to Submit. The Instruction Booklet can be viewed on screen by clicking on a series of section headers or downloaded in PDF format.
Changes or Differences in Past Process or Instructions
The sections on Who Must File and the descriptions of Single-establishment and Multi-establishment filers have not changed, however, there are a few subtle changes or differences that we have noted so far when manually entering data into the EEO-1 website. They are:
- The company’s Dun and Bradstreet number (DUNS) is requested if the company is a covered federal contractor, however, it appears that the DUNS number is not requested for each establishment.
- Employers who are unsure if they must file can go through a series of questions on the EEO-1 home screen under Get Started. The instructions note that if the filer is not required to file they will be directed to a Certification page to certify that they are ineligible to file.
- Some reports and/or company information did not transfer from the old system to the new. One company reported that the Company Contact person did not transfer and she was unable to register the company. Some companies have reported that their past EEO-1 reports are blank. Blank EEO-1s from the past are special concern for companies who are scheduled for OFCCP compliance reviews. The scheduling letter for a review requires the past three years’ EEO-1 reports for the establishment under review. Companies are advised to always save a copy of the reports as they are filed, and if prior year reports are blank, contact the Support Center in the section “Contact Us About Something Else”.
- Letters sent to company contacts may have gone to old contacts – even if the contact person has been updated. The letters were sent via U.S. Mail to the address of record. See the earlier blog about how to get your letter information.
- When registering the company on the site, an email is sent to the contact person.
COVID-19 may have an impact on how EEO-1 data is configured for your company. Below are some considerations:
Although 2019 establishments will likely remain as they were historically for many companies, 2020 establishments may look very different with more remote work due to COVID-19. For example, many companies had significantly higher remote workers during the snapshot period for 2020 (October 1, 2020 – December 31, 2020.) Identifying 2020 establishments to-be-filed may involve looking at the current state and getting out the crystal ball to see what the future holds for company establishments. Here are some questions to consider:
- Does/will the company still have a principal or headquarters location? If not, where will the company receive U.S. Mail or what will the main address be for contracts and legal agreements? It cannot be a P.O. Box for EEO-1 purposes.
- Have some establishments closed permanently? If so, are those who remain employed remote workers? EEO-1s may not be filed using home addresses, therefore, employees must be associated with a company establishment.
- If establishments are temporarily closed but you expect the establishment to re-open with employees in the establishment or you will have a hybrid work situation, can you associate those employees with an establishment for EEO-1 reporting?
- For employees who will remain remote, can you identify their supervisor or manager’s establishment and report them in that EEO-1?
- Did you company lay off employees prior to the reporting period for 2020 because of COVID-19? If so, some establishments may be closed as a result. This can be noted in the Remarks section of the establishment EEO-1.
- Only establishments in the 50 states plus the District of Columbia are filed.
- If a company is foreign-owned, there must be a principal address in the U.S. for the Type 3 report.
Best practice suggests that keeping the establishment structure intact from previous years as much as possible is desirable. EEOC and other federal agencies who receive this data look at year-over-year trends in employment numbers and representation by EEO-1 category, sex and race/ethnicity. If your company will retain its establishments and continue to have employees associated with those establishments, we recommend you continue to report employees as if they were working at the establishments.
If your company has gone 100% remote, then it is possible to file as a single establishment employer using the principal or headquarters establishment as the only address. You will be required to contact the EEOC to make the switch from Multiple-establishment to Single-establishment. If it is likely that the company will go back to multiple establishments by the time the snapshot period rolls around for 2021, we recommend proceeding with caution.
What is a Parent Corporation? This term gives some EEO practitioners a headache trying to figure out who the parent is and who should be filing the report. The Instruction Booklet gives us this definition:
Parent corporation refers to any corporation which owns all or a majority stock of another company so that the latter relates to it as a subsidiary.
This is a frequent subject of debate when compiling EEO-1 data and preparing the file. Separate Federal Tax IDs (FEIN or EIN) do not necessarily make a subsidiary company an independent filer for EEO-1. Think of the EEO-1 instructions as requiring a hierarchy – much like an organizational chart. What company is the owner? That is the parent and all other companies, and their employees are filed under the parent Company Number.
Major Activity or North American Industrial Classification (NAICS) Codes
NAICS codes are important. Federal agencies, including OFCCP, who receive this data from EEOC rely on the NAICS codes to identify companies by industry. These agencies often compare companies in the same industry to identify trends in employment representation. Correctly classifying a company or establishment’s industry is also becoming more important as third parties (shareholders, civil rights groups, investors, etc.) are asking companies to publish EEO-1 information.
The major activity/dominant economic activity for the company must be identified in the headquarters (Type 3) EEO-1 report using an appropriate NAICS code. The major activity NAICS code for each establishment must also be identified in the individual reports and these may be different from the NAICS code used for the company. If an establishment is engaged in more than one major activity, choose the activity in which most of the employees are engaged. For example, if a manufacturing establishment with 100 employees also has a sales operation with 5 employees and a distribution operation with 20 employees - choose manufacturing as the major activity for this establishment.
NAICS codes must be current. Download a copy of current, valid NAICS codes using a link in the Reference Documents section of the EEO-1 website. This page also provides the Job Classification Guide and Zip Code Lookup file.
- Although the EEOC promised enhanced support for this year’s filing, companies are experiencing long wait times when calling the Support Center. If possible, use the links in the Support Center to send in requests for the following:
A Few Parting Words
The functionality for submitting an electronic file is due late in May. The data requirements for the submission file are supposed to be the same as in years past.
If Berkshire is assisting you in developing the EEO-1 electronic submission file, work with them now to prepare the file. The filing deadline is July 19.
Stay tuned as we update this blog when the electronic filing function becomes available on the EEO-1 site. That is expected by May 27, which is approaching quickly!
The EEOC has begun sending letters via U.S. Mail with Company Identification Number and new Passcode. These letters were mailed to the company address on file for the contact person. A sample of this letter can be found here. It is addressed: Attn: HR Director, CEO or Legal Counsel.
The letter provides information we have already blogged about, however, the highlights are listed here:
The Company Number appears to be the same as used in past years.
Two ways to File
- ONLINE FORM (AVAILABLE APRIL 26, 2021): Filers may enter data into a secure data entry form via the EEO-I Component I Online Filing System.
- DATA FILE UPLOAD (AVAILABLE IN LATE MAY): Filers may upload data files through the EEO-I Component I Online Filing System. The format of the upload data file(s) MUST follow the file layout(s) set forth in the EEOC-approved specifications available at org/eeo.
- The filer support page on the website will include data file upload instructions in April 2021, when data collection launches. Specifications will be similar to those provided in previous years.
- Each employer will create a new user account(s) to access the new EEO-I Component 1 Online Filing System using the Company ID and Passcode.
- Improved information website and EEO-I Component I Online Filing System with more 'user-friendly' features.
- Enhanced customer service and help desk resources, including self-service help desk options and enriched reference materials.
- EEOC has partnered with Westat, a private research and data collection firm, to conduct and manage the EEO data collections.
Important Filing Information
- The deadline for submitting the 2019 and 2020 EEO-I Component I data will be Monday, July 19, 2021.
- Please contact the EEO-I Component I Filer Support Team if any of the following applies to your company:
- Your company contact has changed.
- Your company was involved in a merger, acquisition or spinoff that occurred between January 2019 and December 2020.
- Your company is no longer managed by a PEO.
- The 2019 EEO-1 report MUST be filed and certified first before the 2020 EEO-1 can be entered or uploaded.
- For the 2019 EEO-I Component 1 data collection, the data reported must be from one pay period during the fourth quarter (October, November or December) of calendar year 2019.
- For the 2020 EEO-I Component I data collection, the data reported must be from one pay period during the fourth quarter (October, November or December) of calendar year 2020. NOTE: It does not need to be the same pay period as the 2019 EEO-I Component I Report.
Did Not Receive a Letter? Many company representatives are working remotely and are not regularly receiving office postal mail. Contact the Filer Support Team for assistance after the end of April – see this FAQ:
What should a filer do if a company did not receive (or cannot locate) the advance notification letter that includes the company passcode?
The letters will be mailed in April 2021. If a company does not receive the letter by the end of April, check the website for any applicable updates. If necessary, contact the EEO-1 Component 1 Filer Support Team to obtain the Company passcode, and update the contact information if needed. It will be necessary to verify that the caller is authorized to receive this information. The caller must be an existing point of contact in our records or must provide a letter on company letterhead in electronic PDF format, signed by an authorized company representative authorizing filer access.
Component I Filer Support Center at EEOCdata.org/eeol/support. For additional assistance, contact the EEO-I Component I Filer Support Team by email at FilerSupport@EEOCdata.org or toll free at 1-855-EEOC-035 (1-855-336-2035).
Please provide your Berkshire consultant with a copy of the EEO-1 letter so that we may gather establishment information from the 2018 report(s). Contact with your consultant with questions. The filing period opens next week for manual data entry into the new website.
Employers will begin receiving notices from the EEOC about the 2019 and 2020 EEO-1 data collection. A sample of an email received on April 14, 2021 is available at this link.
The EEOC EEO reporting website is now open. Users can navigate to obtain information on any of the required reports for EEO-1, EEO-3, EEO-4, and EEO-5. The new website provides a lot of information, however, the data collection function is not open yet. This blog has some highlights for EEO-1 filers:
- Data collection begins April 26, 2021 for the 2019 and 2020 EEO-1 reports
- 2019 EEO-1s must be filed and certified first before filing the 2020 EEO-1, if the company is filing for both years
- Due date for filing both years is July 19, 2021
- Instructions will be sent by letter to employers in mid-April
The Support Center has links employers can use to report company contact changes, mergers, acquisition, and spinoffs: Support Center link. The FAQ page provides answers to common questions including the assurance that prior year EEO-1s from 2015 through 2018 will be available when the data collection site launches. As a reminder, companies who fit the following criteria are required to file are:
- Private employers who are subject to Title VII of the Civil Rights Act with 100 or more employees.
- Private employers subject to Title VII affiliated through common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more.
- Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended who are not exempt as provided for by 41 CFR 60-1.5, with both 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.
- Employers that serve as a depository of Government funds in any amount or as a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes and have 50 or more employees.
Please contact with your consultant with questions as we near the opening of the filing period.
The EEOC began sending out email notifications to company contacts on Monday March 29. In this notice they announced the opening date for the 2019 and 2020 EEO-1 filing period will be Monday April 26, 2021. The deadline for submitting both 2019 and 2020 EEO-1 data will be Monday July 19, 2021, which allows all employers about 90 days to file both the 2019 and 2020 reports. It is not clear when the site will support batch uploads – stay tuned for more information as it is available.--------------------------------------------------------------
The EEOC continues to provide short updates regarding progress toward opening the EEO-1 site for filing 2019 and 2020 EEO-1 reports. The anticipated opening date for the filing site was previously announced as late April 2021. This week, EEOC announced that when the data collection launches, the Filer Support Team will post resources and be available for inquiries. The website address is: https://eeocdata.org/.
Last week, EEOC announced that it will continue to offer the same filing options as in the past: entering the data into the site or uploading a data file. The statement clarified that the upload option will be available late May. his means that many EEO-1 reports for 2019 and 2020 will not be filed until June 2021. Finally, the announcement indicated that the specifications for the data (upload) file will remain the same as those used in 2018 – the last time reports were filed.
3/16/2021 Update - Site to open at end of April :
The EEOC published an announcement on that the new website for EEO-1s will open at the end of April 2021 for 2019 and 2020 reporting. In a previous announcement, the agency indicated that a user guide for the site will also be available mid-April. The revised deadline for filing will be announced when the data collection opens; the anticipated closing is sometime in July 2021.
Companies are advised to have their 2019 and 2020 EEO-1 reports ready in anticipation of the April opening. Check with your consultant if you need guidance in gathering this data.
Original Post 3/8/2021:
The EEOC is progressing toward opening the website for 2019 and 2020 EEO-1 data collection and reporting. The new EEO-1 Website is open now with announcements to help companies prepare. A User Guide for the new website will be available in mid-April. The data submission site will open in April and will have improved functionality; data elements and features will be consistent with past EEO-1 data collections.
Previous announcements on the new site include a Contact Us link for the company to notify EEOC of changes. Please use the online fillable form under the February 10, 2020 entry on the website to communicate with EEOC about contact changes, mergers/acquisitions/spinoffs, new filer notification, email address updates, etc.
Contact your Berkshire consultant if you have questions your EEO-1 report development or submission.