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.
EEOC has posted a notice notifying filers that the 2022 EEO-1 filing website will not open until Fall 2023. Use this link to view the page https://www.eeocdata.org/EEO1/signin
This is a significant departure from the previous tentative date of mid-July and another delay in a report that in recent years was due at the end of March.
The reason stated in the notice is that EEOC is in a required three-year renewal of the data collection requirement by the Office of Management and Budget (OMB). OMB must approve data collection requirements as required by the Paperwork Reduction Act (PRA.)
The final opening date and the return of the Filer Support Message Center will be posted here: https://www.eeocdata.org/eeo1 At the time of this writing, this web page has not been updated.
What does this mean for Berkshire clients? We will continue to follow the updates and progress of the 2022 EEO-1 reporting cycle and report updates on our blog.
On Friday January 20, 2023, the EEOC announced on the EEO-1 data collection site that it would not open for the 2022 filing season until mid-July 2023. The notices goes on to say that updates on the opening and the 2022 data collection will be posted on the page as they become available.
The EEOC reminds us that the Message Center is not longer accepting any requests for assistance. The Message Center will resume operations immediately prior to the opening of the 2022 EEO-1 data collection.
Thus far the EEOC makes no mention of any changes to the data collection requirements or process. A statement on the EEOC data collections webpage still indicates that the demographic workforce data includes: race/ethnicity, sex and job categories.
Berkshire is watching these developments closely since this is a significant change from the July 2022 announcement that indicated the 2022 filing season would begin in April 2023. Watch this blog for updated information as it becomes available.
EEO-1 Update for 2022 Filing Season
The EEOC published proposed revisions to the EEO-1 reporting in the Federal Register on November 10th. These changes, if finalized, would take effect for the 2022 Filing period which opens in April 2023.
No changes to the demographic data are proposed and no additions, such as reporting compensation information are proposed. The changes apply to the traditional Component 1 report.
Multi-Establishment Filers make up 60% of the EEO-1 filers and file 98% of the EEO-1 reports according to the proposed revision document. The proposed changes affect Multi-Establishment filers:
- The Company Headquarters report will no longer be called Type 3, but will be named Headquarters.
- Each establishment that is not the Headquarters will now be identified as Establishment-Level Report rather than as Type 4 (50 or more employees) or Type 8 (less than 50 employees).
- The Consolidated Report, previously referred to as the Type 2 report, will still have to be submitted, however, the Consolidated Report [on the EEO-1 website] will be auto-populated and auto-generated by combining the counts from the Establishment-Level and Headquarters reports.
Single-Establishment Filers will continue to report on the one establishment for their company. These filers make up 40% of the EEO-1 filers, however, they file only 2% of the EEO-1s.
Berkshire is prepared to make adjustments to the electronic files used for EEO-1 reporting as soon as these or other changes are finalized by EEOC. We do not anticipate requesting any additional information from our clients.