On January 6, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced its tentative schedule for data collection for 2022. The EEOC is tentatively scheduled to open the 2021 EEO-1 Component 1 data collection, which applies to private sector employers, on Tuesday, April 12, 2022, and the tentative deadline to file is Tuesday, May 17th, 2022. Given this is a tentative timeline, it is anticipated that any changes to the precise opening dates, as well as the submission deadline, will be announced via a notice on the EEOC’s home page as well as on the dedicated website for EEO data collections (and this article will be updated accordingly).

Background

The EEOC collects workforce data from employers with more than 100 employees nationwide. The data is collected using specific reports/surveys, one of which is the EEO-1 report, and is used for a variety of purposes including enforcement, self-assessment by employers, and research. The EEO-1 report collects data about employees grouped by sex, race, ethnicity, and job categories. This information is shared with other authorized federal agencies to avoid duplicate collection of data and reduce the burden placed on employers. According to the EEOC, the EEO-1 report data is used “to support civil rights enforcement and to analyze employment patterns, such as the representation of women and minorities within companies, industries, or regions.” Although the data is confidential, aggregated data is available to the public.

Covered Employers

The following companies are subject to EEO-1 Reporting :  
  

  1. Private employers with either:    
    • 100 or more employees (excluding state/local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations), OR  
    • Less than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control, or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.  
  2. All federal contractors with 50 or more employees who:  
    • Are prime contractors or first-tier contractors, and have a contract, subcontract, or purchase order amount of $50,000 or more, OR  
    • Serve as a depository of Government funds in any amount, OR  
    • Are a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes. 

Employer Considerations

Employers are encouraged to begin preparing to submit data in anticipation of the scheduled April 2022 report opening. In addition, if an employer that must complete EEO-1 reporting has at least one California employee, they must also now submit a pay data report that contains specified wage information to the California Department of Fair Employment & Housing annually by March 31. For more information about the California requirements, please visit our blog post.

Sequoia Consulting Group clients may reach out to our partner, ThinkHR for additional guidance on pay data reporting.

Sequoia One PEO clients may reach out to their dedicated HR Business partner for more information about how Sequoia One assists clients with pay data reporting.

Additional Resources

Lizet Ramirez — Lizet is a Client Compliance Manager for Sequoia One, where she works with our clients to optimize and streamline benefits compliance. In her free time, Lizet enjoys live music, travel, hiking and spa days.