EEO-1 Reporting
Consulting Services

What is an EEO-1 Report

The Employer Information Report (EEO-1 Report) is a survey mandated by federal statute and regulations. The EEO-1 Report requires covered employers to submit aggregated employee data to the federal government. This report is due every year, typically in the spring, using data from the previous calendar year. The U.S. Equal Employment Opportunity Commission (EEOC) has been collecting EEO-1 report data since 1966 and has historically used the data to support civil rights enforcement.

For EEOC workforce data reporting, employers are required to group their jobs into defined categories developed by the EEOC. Jump to definitions and categories of job groups here.

Who Has to File an EEO-1 Report?

• Private employers, including federal contractors and subcontractors, with 100 or more employees; or
• Employers with fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; or
• Federal contractors or subcontractors with 50 or more employees and contracts amounting to $50,000 or more.
  

How Can Berkshire Help?

Berkshire can prepare and file your EEO-1 reports on behalf of your company. We work with you to ensure data accuracy, that the report requirements are met, and that your report is timely filed . Ready to get started? Get in touch with Berkshire today!

Our EEO-1 Support Services Include:

• EEO-1 Job Category Evaluation 
  • Berkshire will review current EEO-1 category codes assigned to your jobs based on factors such as job title, FLSA exempt status, job level and grade or salary range — to ensure that the data accurately reflect your workforce.
  • Having defined categories allows for clearer analysis of differences between the job categories, and thus clearer identification of potential industries, job types, and/or geographic areas where individuals might be suspiciously under- or over-represented in certain roles based on sex or race.
  • It's vitally important to evaluate your job groups carefully to avoid misrepresentation of your data and, subsequently, erroneous or misleading findings of adverse impact.
• Establishment Review
  • Review company’s existing North American Industry Classification System (NAICS) codes to ensure that each establishment is assigned to the correct industry.
  • Review company’s reporting structure and provide guidance to you about appropriate grouping of employees considering Federal Tax ID (FEIN) numbers, subsidiaries or other legal entities, foreign ownership, remote employees and employees who work at client worksites.

• Filing
  
  • Berkshire consultants are well versed in the nuances of the EEOC filing system and can complete and file your EEO-1 reports for you on an annual basis.

Frequently Asked Questions About EEO-1 Reporting Consulting Services

Is EEO-1 reporting still required in 2026, given the EEOC's proposed rule to eliminate it? 

On May 14, 2026, the EEOC submitted a proposed rule to the Office of Information and Regulatory Affairs that would rescind the EEO-1 reporting requirement, along with EEO-2 through EEO-5. The proposal is not a final rule. The rulemaking process includes OIRA review, publication in the Federal Register, and a public comment period that typically takes months. Until a final rule is issued, federal contractor EEO reporting obligations remain fully in effect. Berkshire is monitoring developments closely and advises clients to continue EEO-1 filing preparation on the current timeline.

Our company has never been clear on whether we meet the threshold. What is EEO-1 coverage based on, exactly?

EEO-1 coverage comes down to a few specific tests. Private employers with 100 or more employees must file. Federal contractors and subcontractors with 50 or more employees and a contract valued at $50,000 or more must also file. The EEO-1 report requirement applies to an entire enterprise. The EEO-1 is required if your company has fewer than 100 employees but is owned by or affiliated with a parent company and the entire enterprise has 100 or more employees. Many employers misjudge their status because of acquisitions, joint ventures, or remote workforce growth. Berkshire's consultants can evaluate your specific situation and offer guidance.

What employee data do we need to gather for the EEO-1 filing, and how far back does it go?

EEO-1 filing requires a workforce snapshot from a single pay period selected by the employer between October 1 and December 31 of the reporting year. For each employee in that snapshot, you need an establishment assignment, a job title mapped to an EEO-1 job category, sex, and race or ethnicity. Self-identification is the preferred data source, with observer identification used only when self-identification is unavailable. Employers also need accurate addresses, NAICS codes and FEIN information for each establishment. Inconsistent or missing data is the most common cause of EEO-1 report rejections, which is why Berkshire performs a full data audit before submission. 

When is the EEO-1 filing deadline, and what happens if the portal opens late this year? 

Historically, the EEO-1 filing deadline has been set by the Joint Reporting Committee and is announced along with the portal opening, with most recent cycles closing in spring or early summer. As of mid-2026, the portal has not opened, and no deadline has been announced, which is a notable departure from prior years. Employers should not interpret the delay as a suspension of the requirement. Once the portal opens, filing windows have typically been short. Berkshire recommends having your data prepared, validated, and reviewed in advance so your EEO-1 report can be submitted promptly when the window opens. 

How does Berkshire support employers through EEO-1 filing in an uncertain regulatory environment?

Berkshire has guided federal contractor EEO reporting for more than 40 years across every major regulatory shift, including the discontinuation of Component 2 and prior changes to filing platforms. Our consultants handle the full process: job category evaluation, establishment review, NAICS verification, data validation, and submission through the EEOC portal. Clients also receive ongoing guidance as the May 2026 proposed rule moves through the rulemaking process, including timely updates on what to file, when to file, and how to document compliance. To start your EEO-1 filing engagement, complete the contact form on this page or call 800-882-8904.